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SAINT JOHN, N. B. : Wm, M. WRIflHT, DKSPATCU PBINTINO AXn I'lULlSHINO OKi'ICR, PRIXCR WILLIAM, 8TRKKT. 1866. ::M::iC:<:ic:H;:M!r:<.i<:«s:<:;w^>«::'»<:>:>:»':>'">«>:;x->:::H:i»::3«:»»<;:>:»i;».-:>:»i:>:><::><:iM:y<:s»i:»:»<:^ V. ?>p A CHARGE DELIVERED IN CHIIIST-CHURCH CATHEDRAL, PREDERICTON, SEPTEMBER 13th, 1865, AT THE TRIENNIAL VISITATION, BY JOHN, BISHOP OF FREDERICTON, PUBLISHBD AT THE REQUEST OF TBB CIERGT PRESENT. SAINT JOHN, N.B.: Wm. M. WRIGHT, DISPATCH FBINTIKG AND PDBU8BINQ OPPICB, PRINCB WILLIAM STREET. 1865. » : ■ •1 '^'^ ^ 1 i ^: .!'■.> ^ i £ -_■ , r " • • . * ■-■•-: ^ ^ { I ■ ' - , ' > ' - t i 1 ■ ] 1 i ■:-': ■.■•.:r^,v A, ■ 1 ( I [ , '. ' '-''in- ,- i ■■ '■ ^ ■ t ■ '■ ,'■■'■ ^' t 1 •■ ■,./ : '-■ c I t f g F s t a fi h h Reverend and Dear Brethren,— If at our former Visitations I have met you with anxiety from the loss of valued brethren, or other trying circumstances, much more do I now feel the weight of the burden laid upon me when our infant Church is subjected to a heavier trial, and the great question of the personal attachment of our scattered and disjointed members is daily before us. It would ill become one who has been spare*^ so long to preside over you, to be distrustful of God's gracious providence, which has, iii so many instances, watched over us. But I may be pardoned for feeling a great fear, lest through our negligence, the blessings which have been hitherto secured to our flocks by the liberality of our fellow- Churchmen at home, should now, in some degree, be lost to us. I may remind you that, on three several occasions, first in a charge delivered in the year 1856, again in the year 1859, and still more pointedly in 1862, I brought before you, and through you before the laity generally, the necessity of adopting speedily some well considered measure to meet the difficulty which was sure to come upon us. I showed you, from the unquestionable experience of our brethren in dioceses bordering on your own, and equal to it in wealth and popu- lation, that the voluntary system had failed to secure for their pastors an adequate support, and that a very small number of clergy, in pro- portion to our own body, was maintained in these dioceses. I dwelt at length on the misery of abandoning our missions, and of exposing our flocks to the ravages of infidelity, or to the pernicious teaching of those whose doctrines and discipline we cannot approve. In my last charge I entered at length on the duty of contributing to so worthy an object, and endeavoured to reply to such objections as might be urged against the contribution. Unhappily, the history of Church-endowment seems to be the history of individual enterprize and affection, rather than that of a general duty recognized by all the mem> bers of the Church. As far as my knowledge extends, the endowment of churches in England belongs to past generations, rather than to the present; and most men, (with some few splendid exceptions,) are con- tent to contribute to build churches, leaving the pastors to be provided for as they may. I mark this great failure of Churchmen in all parts of the world ; and it is the more noticeable in England, where, in the great majority of parishes, the continuQus services of the Church are provided for by the abundant liberality of past ages. The notion that such liberality is to be ascribed to the powerful influence of the clergy, to the fear of purgatory, or even to other less worthy motives, which, as a general rule, I greatly doubt, only reflects, if true, the more severely on those who profess to bo influenced by a purer zeal, and to bo delivered from all superstitious fear. If our religion be purer, if our motives be higher than those of others, why are not our works of luorey more large and liberal ? If the terrors of purgatory no longer compel us, why does not th'> love of ('hiist constrain us? But tlio members of the best endowed churches sit by in careless indifforeiioe, content to enjoy all the assistance which cither the Crown, or other benefactors, have bestowed on them, receiving an income adequate to secure for them the services of an ablu and intelligent pastor, and practically dis- owning the duty of ministering to the s|:iritual needs of those who .ire too poor, too scattered, and often too thoughtless, to be able to provide fully for themselves. That warning which the inspired writer gives to the indolent, may well be addressed to the spiritually indifferent in our own days: — "Go to the ant, thou sluggard, consider her ways and b» wise; which having no guide, overseer, or ruler," prompted only by the secret working of a heaven-imparted instinct, " provideth her moat in the summer, and gathereth her food in the harvest," Small and unintelligent as she seems to the unobservant eye, she is not content to live from hand to n)outh, and make no provision for the future. She lays up in harvest a wise store for the winter. She provides for the future wants of a numerous and orderly population. And observe the con- trast: — " Yet a little sleep, a little slumber, a Httle folding of the hands to sleep" ; a little more indifference to our real wants, and our real dangers, and the necessity of strenuous and combined exertion, "so shall thy poverty cime as one that travclleth," swiftly, speedily, and before you expect it; "and thy want as an armed man." The pres- sure of the evil thou niightest have averted shall be upon thee, when thou shalt be both defenceless and secure. And the fear i.s, that so it may be with us. Whilst we sleep, spiritual poverty will wake, and the enemy will come in like a flood before our defences are raised, or our preparations completed. The answer to which admonition, I presume, is, that we are all labouring to promote this object by means of our Diocesan Church Society, and that the effects of this labour are every- where felt in the diocese. But the rejoinder to this answer is, that the sums contributed to the Society do not in any degree answer to the incomes men receive from professional sources, and from commerce. Comparing what is wasted by intemperance and extravagance, i^hat is spent on the luxuries of life, especially on house-building and house- furnishing, even in rural districts, with the sums given to the Church Society, the amount is miserably small. In some years, men ?^re blessed with an unusually large and signal success. Then one would like to see a more abundant contribution of a permanent kind. And a few might combine to effect the endowment of a parish, which is pocr, and unable to supply its own wants.* li *To show how far wo are, as yot, from bringfing the duty homo to every Churoh- man, I observe that the Church Society's Report for 1865 gives a list of about 400 subscribers in St. John, including Portland and Carleton. This would give us about 2,000, if we suppose the 400 to represent heads of families, which in many cases they do not. But according to the census, there are 8866 Church people in St. John ; so that less than one fourth of the number are subscribers. And no doubt the obser- vation would apply to other places in the Province. The matter, liowovcr, now pros-ios on us in a way that must be met one way or the otlicr Either we must rise to the emergency, and sur- mount the difficulty, or we shall he crushed by it. Havinc boon re(iueHtcd by the (/ommittoo appointed by the Diocesan (/hurch Society, to endeavour " personally to see the Committee of the Society for the Propi,u;ation of the Gospel, and if possible, bring the long pcndiu!; negotiation relative to its grants to this diocese to a close." I lost no time in repairing to London, and was enabled to be prej^ont at the June meeting of the Committee of the Society for the Propagation of the Gospel. I found that the grants made to all the Colonies had already been the subject of repented discussion, and that the terms of our future relations had been virtually settled by the Report of a Sul- Committee, all members, I believe, of the General Board. These term?, modified .slightly, so as to be somewhat more favourable to us, were adopted unanimously by the General Committee, and have since been sanctioned by the Board, and are as follows : — 1 After January 1, 18fi6, no missionary on the Society's list, in this diocc.osition, our separate existence, our feelings and our efforts to sustain ourselves, is doing us incalculable harm. A knot of determined poli- ticians are bent on the severance of the colonies from England : whether they believe it, or not, they reiterate the notion of our uselessness, and our inordinate expense to England. Their words are heard by men immersed in business, who care nothing about the subject, and a vague idea possesses them that some taxes will be spared, some commercial benefit obtained by the severance. Religious truth is the last question asked by any one on this subject, and loyalty may shift for itself. Yet «loe8 England deal with itself as she professes to deal with us ? Where are the richly-endowed parishes, where are the rich men in these I'arisheSj many of whom are abundantly able to support their clergy 20 without impoveriBhing themselves, who would willingly sacrifice their endowments, given by the benefactors of past ages, and throw them- selves generously and venturesomely on the voluntary system ? When wo are told to trust to the liberality of our rich farmers, how is it that wo see no such experiment made on the richer agriculturists of Bedford, Buckingham, and Norfolk ? Why is it that in wealthy London churches have been built with so scanty an endowment, that the clergy scarce know how to live ? Yet no one thinks how the missionary in a large district of fifty miles in length is to live. " Fifty miles," cries the in- credulous Englishman, " are not the acres of fifty miles sufficient for his support ?" Much more than sufficient, if you " give him tithes of all." But totally insufficient, if the majority of the farmers on these fifty miles profess another religion, if he finds few of his flock settled in any one place, if the quantity of acres is no measure whatever of their ability to help him. These truths are not known to Englishmen in general ; they have no notion whatever of the rough work of a New Brunswick missionary. Still, we should look at the matter in another light. " Even the very hairs of our head are all numbered." God's gracious providence is now preparing for us a severe trial. And as no trial happens withont his foresight, both of the necessity, the use, the gracious end for which He permits it, let us all look at it in this aspect. Murmuring will not help us to bear it. Even a heathen's words are full of Gospel truth, if we apply them right, " passi graviora, dabit Deus his quoque finem." If we bear our trial humbly, if we cast all our burden on the Lord, if we exert ourselves unanimously and manfully to do our duty to the Church, and to each other, surely we shall not be suflFered altogether to fall. But then the clergy must, in this present crisis, remember how great a responsibility is laid upon them. Every man amongst us must take his share, and those who are most able must help to bear the burdens of others. No narrow party spirit, no disparagement of others, no fault-finding behind one another's backs, no petty squabbling in the newspapers, will do the Lord's work and business in this day of trial. Back to back, shoulder to shoulder, we must strive together for the faith of the Gospel, if we mean the Church to stand, not always requir- ing of others that they view all things exactly in the same aspect with ourselves, but ready to Sacrifice our pride, our self-interest, and all our littleness for the general good. We do not know whether any Imperial Act will be passed to " quiet the titles," as we call it, which have been disputed, and set at rest pressing questions respecting the government of the Church. But of this we may rest assured, that whatever Act be passed, it will be of a very general character, and will avoid detail as much as possible, to ensure its passing, and that details will be left to us to settle among ourselves. My strong conviction is, that reliance on English lawyers and statesmen, is resting on a broken reed, and that we must apply to 21 our local legislatures for whatsoever help \re want. And the experience I have had of colonial legislation warrants me in saying, that I do not believe our legislature would refuse anything reasonable, if wo are agreed among ourselves. I cannot, in twenty years, remember one instance, in which any benefit was withheld from the Church, that could fairly have been expected, when the Church was unanimous in the demand ; nor any wrong suffered by the Church, which was not due to the secret or avowed cabals and strifes among Churchmen them- selves. You might then, I think, now fairly and impartially consider, whether you think the state of the Churcn requires, or does not require, synodical action. You have all before you the recorded acts of those colonial dioceses, in which synods have been duly held for several years. You must be more or less familiarly acquainted with the synodi- cal proceedings of our brethren in the dioceses of Canada and Nova Scotia ; you are as competent to form a judgment as myself, whether you suppose these assemblies to work beneficially to these dioceses or no. Of one thing you must be persuaded, that no additional autocratic power is given to the Bishop by calling together a synod. I am inclined to allow some weight to the objection of those who oppose the veto of the Bishop, that he presides in the synod as chairman, makes ad- dresses, influences these assemblies by his presence and vote, and after the debate he can veto the proceedings, if he pleases. It must be admitted that his power is very limited, for he can never propose any measure which may not be stopped by others. Still, I should be desirous of removing every obstacle to union, and whilst I should desire to retain the veto, I should not insist on being present, or in voting. But some synod ical assembly seems almost necessary, if any discipline is to be exercised. The Church Society is not a legally constituted body for this purpose. It has no power to exercise any disciplinary powers, and all it can do is to g'ant or to withhold the money entrusted to its care, and this only for one year at a time. I may mention two facts which show us the very anomalous and unsatisfactory position in which we are placed. The two houses of convocation in England have agreed to petition the Queen for liberty to alter the 29th canon, and the license has been granted. But supposing the new canon formed, it is extremely doubtful if it extend to the colonies. With the same general consent the terms of subscription in the 36tli canon it is proposed to alter, but the late Lord Chancellor gave it as his deliberate opinion, that this alteration would not extend to the colonies. Are we then bound by the new canons, or are we not ? Nobody seems able to tell us, and nobody seems willing to tell us. Our misfortune is, that we are suffered to be bound by the penalties of the law, but what the law is, nobody pro- fesses to know. Under this painful deficiency of information, it seems the most idle dream that ever entered into any man's mind, to lean on the old theory of our established Church, and to re::jrt for help to English statesmen and English lawyers. Distracted by appeals from colonies diflferently situated, opposed and thwarted by political oppo- nents, and bound by precedents which have no force or application in our case, they seem unable to help us if they would, and often unwill- ing to help us if they could. England herself seems to be undergoing a wonderful revolution in religious matters, and the connection between the State and the Church to be loosening every year. Why then should we cling to ancient traditions which cannot have place in this new society in which our lot is cast, instead of endeavouring manfully to help our- selves ? Self-help is the title of a valuable little work which everyone should read, and it must be the motto of all who mean to stand, though I need hardly say that as Christians and Churchmen, our help is in the Name of the Lord, who made heaven and earth. I can only then recom- mend the fresh consideration of this question to your serious thought ; and I shall say no more than that I shall ever be ready to work heartily with you for the common good, with a synod, or without a synod, as you may determine. Upon you, and upon the laity of the diocese, the responsibility of this grave question must mainly rest. There are a few points of ritual observance on which I wish to say a few words. The Church has expressly appointed that baptism shall take place in time of public service, after the second lesson, and has, as you all know, assigned two reasons for her injunction, " that the con- gregation then pre8fc.it may testify the receiving of them that are newly baptized into the number of Chiist's Church ; and that every man present may be put in remembrance of his own profession made to God in his baptism." These are injunctions so pious and charitable, that you cannot be justified in neglecting to comply with them ; and the more so, as you have all, without exception, promised and set your hands to a subscription so to minister the sacraments as this Church und realm hath received the same ; a subscription and promise which cannot be annulled by any decision of the J udicial Committee of the Privy Council. I hope, therefore, that after this admonition, the slovenly practice which prevails in some parishes, of administering baptisnx after the congregation have departed, will be abandoned. I must also enjoin upon you as a matter of duty, that you do not mutilate the marriage service. Chanting a portion of the service, singing a hymn, or even celebrating the Holy Communion at the time of mar- riage, are not enjoined by the Church ; nor need I say anything oji that part of the subject But the mutilation of the service is directly contrary both to the letter and the spirit of the book of Common Prayer ; and if it be more agreeable to light and frivolous minds, it must give oiFence to the more earnest and attached members of our Church. Tn the Cathe- dral, where the service has never been mutilated, I do not believe a single instance of offence has occurred. In these matters, the clergy by needless scruples, and by making light of their duty, often create the offence which a more simple and straightforward obedience would tend I." 23 to remove. And now before I conclude this address, let me not fail to l)oint out to you the duties which seem to be peculiarly incumbent on the clergy at the present crisis of our affairs. Trial, my brethren, brings out of each man whatever of good or evil is in his nature. It is the fire that reveals the dross, consumes the stubble, and purifies the gold. It is certain, therefore, that this fire of our trial, will manifest to ourselves and others, the depth or the shallow- ness of our characters, the reality or the unreality of our minds. More seriousness, more devotion to our work, more private and more public pniyer, seem specially required of us ; not prayer by fits and starts, with a frantic and spasmodic violence ; not prayer for unity, whilst we practice disunion ; not exhortations to holiness, whilst we disparage and devour one another ; not a love of fault-finding, not a " binding of heavy burdens grievous to be borne ;" not a captious and litigious spirit, not the selfish cry, that the "weakest must go to the wall," the poorer clergy are to be sacrificed, while the better provided look on with indifference, but an earnest, simple-hearted desire to promote the general good, which must commend itself to all loyal members of our Church, and for the rest, calm trust in God. " He will deliver us in six troubles, yea in seven there shall be no evil touch thee." It is necessary for us all to recollect that the trial through which we are passing demands from us an increase of theological learning. It is, no doubt, hard for a missionary in this province, labouring amongst a population so scattered, to devote a regular portion of his time to study. The calls upon him are both incessant and irreguiar, and if he could find time, he may allege that he cannot find means to purchase books. Much assistance, however, has been given you in this respect, by the foundation of our Cathedral library, and by the establishment of deanery libraries, through the liberaUty of the associates of Dr. Bray. I could wish that the clergy who are not living at a jjreat distance from Freder- icton, made more use of the Cathedral library. But I fear that the ephemeral publications which engender a perpetual craving after ordi- nary news, most sadly interfere with our love of solid reading. Un- questionably, you cannot be sound interpreters of Holy Scripture, you cannot inform and raise the raindj of your people, you cannot be pre- pared to meet the objections raised everywhere to Holy Scripture, and to the liturgy of our Church : you cannot, in short, be wise and faithful dispensers of God's holy Word, unless you are careful and diligent students. And a right understanding of the Scriptures involves so many questions of exegetical criticism, of geography and history, and of doctrinal accuracy, that you expose yourselves to the contempt of man- kind around you, if you are wholly ignorant of these things. It is of no use to declaim against the spirit of the age, or to fancy yourselves raised into a position superior to such considerations; the age will reason, will criticize, will advance, whether we will or no, and we must endeavour to keep pace with its advances, as far as they are in a right 24 direction. There is no surer sign of weakness than pretended contempt, either of the past or the present labours of mankind. For God's provi- dence is ever working, not only in nature, but in the minds of His creatures, and increasing intelligence and observation of His works, is one of those precious gifts of God, which we should esteem and value rather than depreciate. It is also of great importance to us to distin- guish between "the faith once for all delivered to the Saints," which in its great fundamental varieties cannot change, and our understanding of these truths, which is liable to fluctuation and to progress, or decline. And the vast field of interpretation of Scripture admits of many con- clusions differing from each other, yet compatible with general sound- ness of faith. When we see what the Bible in terms dogmatically asserts called in question, our path is more easy, and our duty plain ; but in many questions, on which the Scriptures have pronounced nothing certain, we should be ven; slow to condemn as the fruit of unbelief, what more learning in ourselves might show us to be the result of long and patient research. For these and other like reasons, I would urge upon you all, both the elder and the younger clergy, a more careful and systematic reading both of the Old and New Testaments, in their original tongues, of sound works of divinity, of which there is an abunc \noe in the present day, and of books which convey secular know- ledge. You need not be afraid that you will ever become mere students ; bat my fear is, that you may become mere talkers — that in the absence or neglect of reading, even the little theological knowledge you once had may fail you, or degenerate into that empty verbiage, which is never so pitiable, as when it is associated with a claim to high and exclusive spirituality. No man knows what he can do in the way of reading, till he has made the attempt sj'stematically. Map out your time into regular portions, got hold of some portion of knowledge before the world has had time to intrude, or in the long winter evenings ; cease to thirst after that unprofitable, worse than unprofitable gossip, which is the bane of all our communities, and the ground of half our suspicion and distrust, and your minds will be improved, whilst you are placing yourselves daily in a better position to improve others. But the clergyman who reiterates the same discourses which his flock has per- petually heard, or teaches them nothing, but the same truths constantly insisted on as the only way to salvation, and not varied as the Bible itself -.aries its instruction, must either send his hearers to sleep, or must breed up a generation of ignorant and narrow-minded fanatics, ready to condemn every advance in knowledge as an error, and to brand with heresy every liberal and ingenuous mind. Into these mistakes many are in danger of falling, and I therefore caution you, that study and learning, under the blessing of God, are the surest preventives. I may also say a word on Sunday School instruction. As the con.mon schools of the country are in no degree under the clergyman's control, nor are any definite religious principles taught in them, it is of great 25 in importance that you should enter personally into all the details of your Sunday Schools, that you should admit none to be teachers but those who are sound members of our Church, and if of age, ccujinunioants ; and that you should select suitable books for use in the school, illus- trative of the catechism and liturgy of the Church, and that you should insist that the catechism is thoroughly learned and explained to every child capable of understanding it. And I would recommend a larger and more special instruction to be given to all young persons to be con- firmed. It would be far better that the number should be somewhat smaller, than that they should come ignorant of those very privileges on their appreciation of which the use of confirmation to them depends. For this purpose classes of instruction in the catechism and liturgy would be most valuable,. And as a far greater strain will now be put on .he resources of our Diocesan Church Society, I do not think it probable that you will obtain much help from it in the way of books. This is another matter in which we shall have to help ourselves. And now, my brethren, let ipe close this address with a few words of parting admonition to the clergy and laity. In the present trial of our infant Church, how much, my brethren of the clergy, must depend upon your personal conduct. Though it be very certain that the laity ought to esteem your oflGice more than your persons, yet you must see how little the ofi&ce is valued when the man is despised. You ought to consider that it is not eloquent preaching, it is not intellectual eminence, it is not easiness and good nature, it is not a talent for business, it is not running to and fro about the country, it is not social position, which will earn for you the power to influence mankind for good. All the earnest love of souis, all the guilelessness and simplicity, all the fervour of devotion, all the goodness of heart, all the humility and charity, all the wisdom and tact that can be acquired is scarce sufficient for your duty ; and without such graces you will too often labour in vain. Keen eyes are watching your every action, and swift tongues repeating every word. The enemies of religion rejoice in your haVdng, and excuse their own vices by every bad example among you. And every vice in a clergyman's family assumes a magnitude altogether disproportioned to the offence. But above all, do not bite and devour one another. Never is a clergyman so obnoxious to censure, so certain to be wrong as when he gives publicity to the errors of his brother, and strives before the unbelievers. . And I grieve to say it, but I believe it to be the experience of every bishop, that of all the troubles that happen in a diocese, it is generally found that the clergy have been at the bottom of the strife ; and if they would be quiet, and each man mind his own business, the luity, with few exceptions, would give little trouble. How soon will division about things indiffbr- ent cease to be of importance in our eyes, and we shall all be called on to give account of the way in which we have fulfilled the great duties of our ministry. 26 a But I must not omit to admonish the laity of the Church, as its appointed leader. You, my brethren, have the destinies of the Church committed to your care. And I fear many are not half awake to the responsibilities of their position. For a long time they have been leaning upon others. They have not taken up the cause of the Church, as a body, with any generous ardour, any heartiness, as if they loved it, and cherished it as their own flesh. They dole out a miserable pittance, a bare existence, to the clergy, but it is done by fits and starts, not as it is needed. And instead of the whole mass of Church people contributing according to their means, a few are called on again and again, known to be liberal givers, and some of the richest people in our communion give miserably little. Every one may now know, from tlie changes made in our position by Churchmen at home, that you must either endeavour to build up the Church in the poorer parishes, or the services of the Church will be, must be withdrawn. And the sin of that withdrawal vdll certainly lie at your door. And without some local endowment it never has been found that the voluntary system can stand the strain laid on it in poorer places. People make great and magnificent promises when they desire a cler- gyman's 3er\ices, and under the pressure of their pledge they do some- thing considerable the first year ; but as soon as the novelty is past, they get tired, find or seek occasions of offence, diminish and then withdraw their subscriptions, and finally the clergyman is starved out, the services are ended, and religion is driven away. That this lamentable end may not be seen amongst us, we must, as a body, be more zealous. I can do no more than lay the matter once more plainly and tkithfully before you, praying earnestly that God may incline your hearts to hearken to words, I trust, of truth and soberness, and to act as becomes the mem- bers of a communion which has it in its power, whenever the members generally have the will, to be an instrument in Gt)d's hands of the greatest good to the province and people of New Brunswick. I APPENDIX. The following important paper has been prepared by Chief Justice Parker, and I have his kind permission to print it. THE CHURCH OF ENGLAND IN NEW BRUNSWICK. EXTEACT FEOM JUDGMENT IN THE C0LKN80 CASK. ";Wk apprehend it to bo clear upon principle, after a colony has received legis- " lative institutions, the Crown (subject to the special provisions of any Act of Par- " liament) stands in the same relation to that colony as it does to the United " Kingdom. The United Church of England and Ireland is not a part of the con> " stitution in any colonial settlement." As New Brunswick had a legislature at the time of the appointment of the Bishop of Frederioton, it is important to examine how far the legislature have recognized the Bishop, his diocese, and his corporate character. The late decision of the Judicial Committee of the Privy Council in the Colonso case, has led to some rather flippant conclusions from it, in its appli' ation to colonial bishoprics ; and so far as it affects New Brunswick, the judgment, uo doubt, negatives the existence of coercive jurisdiction. But as none such has been exer- cised or set up, we remain pretty much as wo were de facto, and may derive benefit from the question of the de jure being settled without our interposition. Some particular?, however, as to the legal status of the Church of England in this province ought to be known in England, where there is too great a tendency to ignore the proceedings of the local legislatures, and to assume that our venerable Church is, in our colonies, looked upon with disfavour, and enjoys no status what- ever. The Province of Nova Scotia was constituted in about the middle of the last century . what is now New Biunswick being then an integral part of it, and known as the County of Sunbury. A contribution was granted to it, and its first legislative assembly was holden in October, 1758, and representatives sent from Sunbury as well as the other counties of Nova Scotia. On the termination of hostilities between the old colonies in America and the mother country, and the acknowledgment of their independence in 1783, it was deemed advisable to divide Nova Scotia into two provinces, and to furnish a home in the new province for a largo body of loyalists, who were anxious to preserve Si their allegiance, and to live under Briti:«b institutions. Among them were many of high character, education, and standing. The commission to Thomas Carleton, Esq., the first Governor of New Brunswrick. boars date August 1784. It was opened by him at St. John on November, 20, 1784, and he assumed the government, aided by a very efiBcient council, the members of which were named in the commission, and several ordinances wore passed and grants made. The Supreme Court, with four judges, und having the jurisdiction of the Common Law Courts at Westminster, was also constituted by the King, and sat for the first time in April 1785. The Legislative Assembly met for the first time, January 3d, 1786. From October 1758, to November 1784, New Brunswick continued under the gov- ernment and legislature of Nova Scotia, and the Acts of Assembly remained in force, some until superseded by new Acts on the same subjects, and others until 1791, when by an Act of the New Brunswick Assembly, (31 Geo. 3 c. 2,) it waa declared that " no law passed in the General Assembly of the Province of Nova Scotia, before the *' erection of the Province of New Brunswick, should be of any force or validity " within the province : provided that the Act should have no retrospective force or " operation." By an Act of the Legislature of Nova Scotia, pasced at its first session in 1758, (32 Geo. 2, c. 5,) it was enacted that " the sacred rites and ceremonies of Divine Wor- " ship, according to the liturgy of the Church established by the laws of England, " should bo deemed the fixed form of worship amongst us ; and the place wherein " such liturgy shall be read, shall bo respected and known by the name of the " Church of England, as by law established." By the Act 33, Geo. 2, c. 2, the Parish of St. Paul's, in Halifax, was constituted, and the last section of the Act enacts " that all ministers of the Church of England, not " conforming themselves to the rules prescribed by the canons of the said Church, "shall be subject to the penalties named therein, and none other: any law, usage, " or custom to the contrary notwithstanding." Such waa the state of the law relative to the Church of England when New Bruns- wick became a separate province. No Rishop had th^a been appointed in any of the North American Colonies, the Bishop of London being the only recognized diocesan. The attachment, however, to the Church of England was great, a large portion of the Loyalists being members of the Church, and several of its early clergy having had churches in New York, New Jersey, and New England. We are not, then, surprised to find among the first Acts of the Legislature of New Brunswick, in 1785, 26 Goo., 3 c, 4, " An Act for preserving the Church of England as by law established in this province, and for securing liberty of conscience in mat- tors of religion." The first section of this Act provides that " no person shall be " capable to be admitted to any parsonage or other ecclesiastical benefice, or pro- " motion whatever within the Province of New Brunswick, before such time as ho " sh..ll be ordained according to the form and manner by law established in the said " Church of England "; and the second section provides " that every person having " any ecclesiastical benefice or promotion within the Province, not having some " lawful impediment to bo allowed and approved of by the Governor or Commander- " In-Chief for the time being, shall perform service once a month at least." 29 It may be well here to mention that it was customary by the Royal instructions accompanying the Qovomor's commission in the old colonies, as it waa to the Gover- nor of New Brunswick, and prior to the legislature they formed part of the consti- tution, to require the Governor to give all countenance and encouragement to the exercise of the ecclcsia, 'ical jurisdiction of the Lord Bishop of London in the respective provinces, excepting only the collating to benefices, granting liuonses for marriage, letters of administration and probates of wills, which are expressly reserved to the Governor for the time being. In 1787 the Bishopric of Nova Scotia was constituted, and the Bishop exercised episcopal jurisdiction over New Brunswick till 1845, when the Bishop of Fredericton was appointed by letters patunt under the Great Seal of Great Britain. By the Charter of the Madras School, dated August 23d, 1819, " the Lord Tishop of * Nova Scotia, holding and exercising episcopal jurisdiction in and over the Pro- ** vince of New Brunswick, or the Bishop holding and exercising episcopal jurisdiction "for the time being" is made one of the members ; and by an Act of Assembly, 60 Geo., 3 c, 6, this charter is expressly confirmed. The charter of the College of New Brunswick, passed under the Great Seal of the United ingdom, as was contemplated by previous Acts of the Legislature, see 4, Geo. 4, c. 33, dated December 15, 1827, makes the Bishop of Nova Scotia, or the Bishop for the time being of the 'diocese in which the town of Fredericton may be situate in any future division or alteration of the said then present diocese of Nova Scotia, the visitor of the College. This charter was expressly recognized by Act of Assembly, 9 and 10 Geo., 4 c, 29 : and all the property of the College which preceded it, constituted by provincial letters patent, was transferred to the new College corporation, of which the King was declared to be the founder. This Act has since given place to a new Act, 22 Vic, c. 63, which constitutes the University of New Brunswick, and transfers all the property of the College to the University. The Lieutenant Governor of the province is made the visitor, and there is to be no professor of theology or religious test. This Act was specially confirmed by Her Majesty in Council, January 13, 1860, and the Bishop has ceased to have anyt,hing to do with the University. The govern- ing body consists of a senate, all of whom are laymen, and one is president. Act 16 Vice. 4, incorporating the Diocesan Church Society, and the Act 26 Vic, c 32, recognizes also the Bishop as the Lord Bishop of Fredericton ; and the mortgage to him by the Church corporation of St. John, does the same. Several other Acta contain a similar recognition of the Bishop, e. g., 4 Vic, c, 3, 11 Vic, 44 and c. 45, 12 Vic, c 56, 13 Vic, c. 14, 16 Vic, c 47 and 49, 17 Vic, c 46, &c. All those Acts refer to the Lord Bishop of the diocese, making his assent necessary to the transfer of lands of the Chuv'sh corporations. Act 17, Vic 11, recites as follows : " Whereas the Right Reverend John Medley, " Doctor of Divinity, B'shop of the Diocene of Fredericton, is seized in fee simple to " HIMSELF AND HIS SUCCESSORS forovcr, of a lot of land in Fredericton. Act 9 Vie,, c. 69, recites a grant from the Crown of part of the Church green, to tho Right Rnverend John, the Lord Bishop of Fredericton, and his successors, for the pur- pose of erecting thereon a Cathedral, and no other building. The Revised Statutes passed in 1854, although they repealed the Act, 26 Geo., 3, c 4, recognized the Church of England, though not as the Established Church, and ro- cnacts several provisions of the old Act, and that the rectors h )ld tho glebe in like . ■ mM.aji! ' . ' H'..iii.ijU L^uiM. w i iw. ii mu in i i i iiw w m i j » manner as glebe htnde are held in England, althoagh the fee is in the Church corpo- ration of the parish. Our Acts always use the term the Church of England, and not the United Church of England and Ireland, as the union in 1800 did not affect its statutes. These se reral legislative provisions recognice the Church of England, the rectors of the parishes, the Lord Bishop of the diocese, his corporate capacity, and the latter Act also the Cathedral, and most distinctly recognize the Lord Bishop of Fredericton, Dr. John Medley, to be the Bishop of the diocese. There are some Acts of Assembly bearing upon the subject not referred to in the preceding paper. 1858. 21 Vic, c. 58. The Church corporation of Chatham, authorized to sell ferries by and with the approbation of the Lord Bishop of the diocese. 1869. 22 Vic. c. 35, " An Act to regulate the sale and disposal of Church and glebe lands of the Church of England in this province." This Act says that every con- veyancer shall receive the sanction of the Lord Bishop of the diocese signified by his being a party thereto, and executing the same. Several sales have taken place. 1858. 22 Vic, 0.54. Diocesan Church Society Amendment Act, recognizes the Bishop of Fredericton. 1864. 27 Vic, c. 28. An Act to enable the Church corporation of Woodstock to con- vey certain lands for the use of Canterbury. Section 1 enacts that half the lands shall be conveyed to the Bishop of the Dioceae of Fredericton, to be held by him and his Bueceetors for ever. 2. The said Bishop is to appoint one of the Arbitrators, and the land is to be conveyed to the Bishop. 4. The conveyance to be made to the Bishop of Fredericton. 5. The Bishop and his successors are to hold the land in trust. R.P. I desire, also, to call attention to the following extract from the Judgment of the Judicial Committee of the Privy Council, in the case of Long, V. the Bishop of Capetown, which are important : — "We think that the acts of Mr. Long must be constiued with reference to the position in which he stood, as a clergyman of the Church of England, towards a law- fully appointed bishop of that Church, and to the authority known to belong to that office in England ; and we are of opinion, that by taking the oath of canonical obedience to his lordship, and accepting from him a license to officiate, and have the cure of souls within the parish of Mowbray, subject to revocation for just cause, and by accepting the living of Mowbray under a deed which expressly contemplated as one means of avoidance the removal of the incumbent for any lawful cause, Mr. Long did voluntarily submit himself to the authority of the Bishop to such an extent as to deprive him of his benefice for any lawful cause, that is, for Huch cause, as (having regard to any differences which may arise from the circumstances of the colony) would authorize the deprivation of a clergyman by his bishop in England." This, it will be seen, is altogether irrespective of the letters patent.