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Ill ill Km- :-t.iii, (111 \\'.ilni':il:u , 'I'limsilav, ainl Fiid.iy, tli<- ytli, idtli, .iinl Mill ila>-ni ApiiK ;iinl in oitawa, nii Wiilm .sdav , 'I'lmrs- ilii, aiiil l''i iila\ , till' : ' ' ' nil. and Till tla\'^ 'il N'os I'lnliri 111 II I .'Ml I, Mid 1 i;'! u iri! A.\ \rn-:,\!)ix K I N » ; S T O N . I'lMNTKIi l;V U'lLI.JAM (,l(i IITKi m » T, ( ITV I'.riLDlNGS MIM'I'CI.Mil j u •i > • « » ACTS OP THE PROVINCIAL PARLIAMENT RELATING TO SYNODS, ETC. MSt JOURNAL OF PROCEEDINGS OF TBI SESSIONS OF SYNOD iV OF THE JX TBK DIOCESE OF ONTARIO. Held in Kingston, on Wednesday, Thursday, and Friday, the 9th, 10th, and nth days of April, and in Ottawa, on Wednesday, Thurs- day, and Friday, the 5th, 6th, and 7th days of November, in the year of our Lord 1862. WITH AN APPENDIX. KINGSTON: PRINTED BY WILLIAM LIGHTFOOT, CITY BUILDINGS. MDCCCLXIU. vv 'i- •■:.; •'':r .■};; ^-^■;r^ : -_, .■i.;-^"-*. '-V ., -IflC-ir < ,«v.<-;* ->fj,-»,i>r,.. •■'•'■/^r;)Ci^-^, 4*;«ftv j^^,^,,.j /J \ s ,*. '/* > / •\ Q Hi '! ", 'J rt ; t\",! * ■■J''* ".'h ,!('■ f't »'.-':> *\ /*/'J<'^S ^>ifi,it/Ji/'.v '■> -■ OFFICERS OF THE SYNOD. OleriMl. Bet. T. H. M. Babtutt, Bit. E. W. B«atm, Awlstant Secretary. D. FoBD Jom '* TRIASUim. A. H. CAlfPBK.Ii. C. F. QoABBgLnra. AUMTOM. T. KmuATBioK AHD S. MoonMTOV. OOMMITTIIS. EXEOUTIVS COHMITTEI. TbbDiak or Ontario, Thb Abohdiacon or Obtabio, Bbv. Dr. BosTirKLL, " B. y. BOOBBS, " J. Gribb, << J. B. Wobbbu, <> J. A. MULOCK, *< W. Bmaedbll, << J. O. Armbtroko, << E. H. M. Baker, " J. S. Lauder, " b. l. btepbem30n, Tbk Clbbical Secbktabt. Thb Chamobllob, The Hon. J. Hamiltov, SHEBirr COBBBTT, G. P. Bakbb, B. F. Steelb, W. B. BiMPSOir, H. D. Shaw, W. Ellis, J. Hope, B MCCKLBSTON, T. KiBKPATBIOK, Thb Lay Sbobbtabt. OLEROT TRUST VXTtgH COMMITTEE. Thb Dbam or Ontario, Thb Abohdbaoon or Obtabio. Bbv. Db. Boswell. " B. L. Stefbbnsok, '• Jaxbs Harris, »» J. Or. Armstroko, Teb Clbbical Sbobbtabt, Thb Chamobllob, Thb Hon. J. Haioltob, W. B. SniPSOM, . E.»F. Stbblb, T. KiBKPATBIOK, E. J. SiSSOK, Tbb Lay Sbcbetabt. OFTIOIBS OF THS STNOD. BPISOOPAL * OINZBAL INDOWUSNT FUND OOMMITTU. Tn^DiAK or Ontabio, Thb Abobdeaoon or Ontabio, BeV. J. A. MULOGKi *' J. S. Lacdbb, Tbb Clbrioal Sbobitabt, A. S, Camvbeu.. Thb CHAXOBLI.OB, The Hon. O. CBAWfOBo^ T. KiBXPATBIOK, R. F. Btbblb^ Tbb Lay Sbobbtabt, .■%t OOXMITTIS ON DIYI8I0N OF FU^TDS. The Abobobaoob or Oittabio abd Thb Cbabobuob. COMMITTIl on WIDOWS ft ORPHANS FVND. Bey. J. Obibr, " J. B. Wohbbll, " W. Bliasdeix, «« C. FORMT, '< J. S. Laudbb, The Clebioal Seobbtabt, Ba HoH. JcDOB Jabvu, O. p. Bakbb, W. Ellis, J. Hope, W. Shannon. To Lay Seobetabt. UlflBION BOABD. Members ex-officio. The Dean or Ontario, The Clebioal Seobetabt, Appointed Bbv. J. Gbibr, " J, A. MCLOOX, '* J. S. Lacdbb, " J. Habbis, Elected by the Clergy. Bev. C. Forbbt, " J. B. WORBBLL, " Db. Boswbll, « E. H. M. Bakeb, " E. Dbnboohb, " B. L. Stbphbmson, (< W. Bleabdill, J. O. Armbtbono, l( The Arohdbaoon or Ontabio, The Lat Secbetabt. by the Bishop. Thb Chanoeilob, J. Shannon, J. BOBAMOND, T. H. Bdbidgb, Elected by the Laity. HiB Hon. Judge Jabyis. T. ElRKPATBICK, W. Ellis, W. B. SiitPSON, \ A W, Peroital, f H. D. Shaw, \ .: Q. P. Bakeb, * A. H. Campbell. •> ; v BOOK ft TBAOT OOHMITTBE. The Dean or Ontabio, Bev. W. Bleabdell, Thb Clbbical Seoretabt. The Archdeacon or Ontabio, Bev. p. W. Loobbmore, The Lat Secbetabt. N. B.— The ClerioBl Secretary is the Convener of all Committees, which, at their first meeting, will elect their own Chairmen. . T W ;:i fl Vrt -,•_.<>•» -T iV;, DIOOBSE OF ONTABIO. . M The Bight Beverend J. Traven Lewia, D. D., LL. D., Lord Bishop. The Very Beverend W. B. Lauder, LL. D., Dean of Ontario. The Venerable Heniy Patton, D. 0. L., Archdeacon of Ontario. bishop's ohaplams. The Venerable H. Patton, D C. L., Trinity College, Toronto. The Beverend W. Bleasdell, M. A., Trinity College, Dublin. The Beverend T. H. M. Blurtlett, M. A., Trinity College, Cambridge. bishop's sbcretabt. ■: . The Beyerend T. H. M. Bartlett, M. A., Chaplain to the Forces. OHAXOELLOR OF THE DI00E8I. James Alexander Henderson, D. C. L. beoistbab. C. F. Oildersleeve, Esq., Barrister-at-Law. ■ ■ OLEBQT. Anderson, O. A., B. A., Tyendinaga. Armstrong, J. G., M. A., Hawkesbury. Baker, E. H. M., • Carleton Place. Bartlett, T. H. M., M. A., Secretary to Synod, . . Kingston. Bearen, E. W., M.A., Iroquois. < .' Bleasdell, W.,M. A., Trenton. Bogert, J. J., M. A., Bector, Kapanee. Boswell, E.J., D.C.L., Prescott. Bousfield, T., Amprior. Bower, E.C., ...^ Barriefield. Boyer,B.C.,B.A., Hillier. Butler, J., M. A., « March. Campbell, T. S., Stafford. Carroll, J., .... • Onnanoque. CoBtelle, H. C. E., Newboro'. Bavies, H. W., M. A., Curate, Cornwall. Denroche, C. T., Charleston. ' Denroche, E., M.A., Assistant (CathedralX Kingston. DobbSjP.W., Portsmouth. Emery, C. P., Pakenham. Fleming, W., M. A.^ Boslin. Forest, C, M.A., Metcalfe and Osgoode. Oarretl^B., Osnabrock; 6 LIST OF THE OLEBGT. hi Godfrey, J., , Carp, Huntley. Orier, J., M.A., Rector, Belleville. Qrout, G. W. G., B.A., North Gower. Harding, B., Rector Adolphustown. Harper, W. F. S., Rector, Bath. Harris, J., Rector, Eemptville. Henderson, W., M Jl., Pembroke. Jones, S., Curate, ; Belleville. ' Jones, T. B., M.A., Frankville. Lauder, J. S., ^.A., Ottawa City, Lauder, W. U., L.L.D., Rector Kingston. Lewis, R , M.A., Rector, Maitland. Loosemore, P. W., Curate of Cathedral, Kingston. Loucks, E., Rotor, Morrisburgh. Macaulay, W., Rector, Picton. May, J., M. A., Curate, St. Paul's, Kingston. ' Morris, E., k<**> < Franktown. Morris, J. A., Fitzroy Harbour. Mulkins, H., Chaplain Provincial Penitentiary, Kingston. * Mulock, J. A., St. Paul's, . . . .• Kingston. Nye, H. E., South Mountain. Pamcll, T. A,, Merrickville. Patton, H., D.C.L., Rector, Cornwall. Pettit, C. B., B.A., Rector, Richmond. Flees, H. E., Carrying Place. Preston, J. A., M.A., Stirling. Rogers, R. V., M.A., St. James', Kingston. Rolph, R., (retired) Osnabruck. Rothwell, J., B.A., Amherst Island. Sharpe, H., Wolfe Island. Slade, E., Renfrew. Stannage, J., Rector, N. Augusta. Stanton, T., B.A., Marysburgh. Stephenson, F. L., B.A. Cumberland. Stephenson, R. L., M.A., Rector, Perth. Tane>F. R., Brockville. Taylor, T., M.A., Renfrew. Tocque, P., ...«.> Sydenham. Tremayne, F., (retired) Smith's Falls. White, G. W., M.A., Camden East. Whitmarsh, A., Madoc. Williams, S. L., Lanark. Worrell, J. B.,M.A.,....» Smith's Falls. January 30M, 1863. .•■'■ t>.t'i .f^./T iJ..> •M 1 ! • ACTS or THB ,-;.#« wt I •■!■.•' PROVINCIAL PARLIAMENT RELATING TO THE CHURCH, SYNODS, ETC. CHURCH TEMPORALITIES ACT. [Royal Assent promulgated 3d December, 1841.] TMTHEREAS it is desired on behalf of the United Church of England and Ireland, in the Province of Upper Canada, that provision should be made by law for the internal management by the members of the said Church of the temporalities thereof, and also for allowing the endowment thereof, and it is just and expedient that such provision should be made : Se it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parlia- ment of Great Britain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, intituled ' An Act for making more effectual provision for the Government of the Province of Quebec, in North America,' and to make further provision for the Government of the said Province," and by the authority of the same. That from and after the passing of this Act, the soil and freehold of all Churches of the communion of the said United Church of England and Ireland, nOw erected or hereafter to be erected in the said Province, and of the Church-yards and Burying-grounds attached or belonging thereto, respectively, shall be in the Parson or other Incumbent thereof for the time being; and that the possession thereof shall be in the Incumbent for the time being and the Church-wardens to be appointed as hereinafter is mentioned, by whatever title the same may now bo ACT OF PABLIAMXNT held, whether vested in Trustees for the use of the Church, or whether the legal estate remains in the Crown, by reason of no Patent having been issued, though set apart for the purposes of such Church, Church- yard or Burying-ground : Provided always, that nothing herein contained shall extend to afifect the rights of any other Church or body of Chris- tians to any landed property or Church now erected, but that the same shall remain as if this Act had not been passed. II. And be it further enacted by (he authority aforesaid, That all pew holders in such Churches, whether holding the same by purchase or lease, and all persons holding sittings therein by the same being let to them by Church-wardens, and holding a certificate from the Church- wardens of such sitting, shall form a Vestry for the purposes in this Act mentioned and declared. III., And be it further enacted by the authority aforesaid, That a meeting of such Vestry shall be bolden on Monday in Easter week, in each and every year, after due notice thereof given during Divine Service on the morning of Easter Sunday, for the purpose of appointing Church-wardens for the ensuing year ; and that at such meeting one Church-warden shall be nominated by the Incumbent of the Parsonage or Rectory to which the said Church belongs, and the other shall be elected by a majority of those present and entitled to vote at such Vestry meeting, as aforesaid : Provided nevertheless, that in case of such Incumbent declining or neg- lecting to nominate a Church-warden, then both of the said Church- wardens shall, for the current year, be elected in the manner aforesaid ; and in case the members of such Vestry shall neglect to elect a Church- warden, then both of such Church-wardens shall, for the current year, be nominated by the Incumbent : Provided always, that if from any cause a Vestry meeting shall not take place at the time aforesaid, such appoint- ment of Church-wardens may take place at any subsequent Vestry meeting, to be called in manner hereinafter provided ; and in case of the death or change of residence to twenty miles or more from any such Church, of either of the said Church-wardens, a Vestry meeting shall be thereupon called for the election, by the said Vestry, of a new Church- warden, in case the one deceased or removed had been elected by tho Vestry, or for the nomination of a new Church-warden by the Incum- bent, in case the one deceased or removed had been nominated by the Incumbent. IV. And be it fwOur enacted by .warden8, which said account shall be verified by oath before one or more of Her Majesty's Justices of the Peace, who are hereby authorised to administer the same ; and the said book or books shall bo carefully preserved by such Church-wardens, and they shall and aro hereby required to permit any member of such "Vestry, as aforesaid, to inspect the same at all reasonable times, paying one shilling for such inspection; and in case such Church-wardens shall make default in yielding such account, as aforesaid, or in delivering over such money, goods, or other things, as aforesaid, it shall be in the power of the suc- ceeding Church-wardens to proceed against them at law for such default, or to file a bill in Equity for discovery and relief ; and in case of the reap- pointment of the same Church-wardens, then such account, as aforesaid, shall in like manner as is aforesaid, be made and rendered before an adjourned meeting of such Yestry, fourteen days after such reappoint- ment. X. And be it fariher enacted by the authority aforesaid, That it shall bo in the power of the Incumbent of any such Parsonage, Rectory or Parish, an aforesaid, or of the Church-wardens thereof, to call a Vestry meeting whenever he or they shall think proper so to do, and it shall be his and their duty so to do upon application being made for that purpose in writing, by six at least of the members of such Vestry, as aforesaid ; and in case, upon such written application being made as aforesaid, such Incumbent and Church-wardens shall refuse to call such meeting, then one week after such demand made, it shall be in the power of any six of such members of the Vestry to call the same by notice, to be afiixed on the outer Church door (or Church doors where more than one) at least one week previous to such intended meeting. XI. And be it Jurther enacted by the authority aforesaid, That in all Vestry meetings^ the Bector or Incumbent of the Church shall preside as Chairman when present, and in his absence such person as the majority present at such meeting shall name ; and the Vestry Clerk, when there is one and present, or in case there be no Vestiy Clerk, or he be absent, then such petson as the Chairman shall name shall be Secretary of such Vestry meeting ; and the proceedings of such Vestry meetings shall bo entered in a book to be kept for that purpose, and preserved in the cus- tody of the Church-wardens. XII. And be it further tsnacted by the authority qfsreaaid, That the rent- BELATINa TO THB OHUBCH. It charge to be paid upon pews holden in freehold, and the rcni, to be paid for pews and sittings in pews, leased or rented, shall be regulated from time to time at such Vestry meetings, as aforesaid : Provided nevertheless, that no alterations shall be made therein except at Vestry meetings called for such special purpose, and so expressed in the notice calling the same ; and further, that the charges to be made in respect of such conveyances, leases and certiflcatcs, shall in like manner be regulated at such Vestry meetings as aforesaid. XIII. And be it further enacted by the authority aforesaid, That the Clerk of the Church, the Organist, the Vestry Clerk, the Sexton and other sub- ordinate Servants of the Church, shall be nominated and appointed by the Church-wardens for the time being, and that their salary and wages shall be brought into the general account, to be rendered as aforesaid by such Church-wardens. XIV. And be it further enacted by the authority aforesaid, That the fees on marriages, baptisms, and other services of the Church of the like nature, and the charges payable on breaking the ground in the cemete- ries or Church-yards, and in the said Churches for burying the dead, shall be regiUated by the Ordinary, or in case of their being no Ordinary, by the Bishop of the Diocese. XV. And be it further enacted by the authority aforesaid, That it shall bo in the power of the members of such Vestries, at such Vestry meetings, as aforesaid, to make by-laws for the regulation of tlieir proceedings, and the management of the temporalities of the Churcli or Parisli to whicU they belong, so as the same be not repugnant to this Act, nor contrary to the canons of the said United Cluirch of England and Ireland, XVI. And be it farther enacted by the authority of o repaid, That any deed or conveyance of land, or of personalty that may be made to any Bisliop of the said Church, in the said Province, and to his successors, for tho endowment of his See, or for the general uses of the said Churcli, as sucli Bishop may appoint or otherwise, or for the use of any particular Churcli then erected, or thereafter to be erected, or for the endowment of a Tar- eonage, Rectory or Living, or for other uses or purposes appurtenant to such Church in general, or to any particular Church or Parish to bo named in such deed, and any such deed or conveyance to any Parson or Rector, or other Incumbent and his successors, for the endowment of such Parsonage, Rectory or Living, or for other uses or purposes appur- tenant thereto, shall be valid and tlfectual to the uses and purposes in such deed or conveyance to be mentioned and set forth, the Acts of Par- liament commonly called the Statutes of.JVIortmainl or other Acts, laws or tisages, to the contrar)'- thereof notwithstanding : rrovided always, that in order to the validity of such deeds and conveyances, the same shall be made and executed six months at the least be/ore the dealh of the person conveying the same, and shall be registered not later than six months ofter his decease. 12 ACT OF PARLIAMENT il M XVII. And be it fitrOur enacted by the a*Uhoriiy aforesaid, That in the event of any person or persons, bodies politic or corporate, desiring to erect and found a Church or Churches, and to endow the same with a sufficiency for the maintenance of such Church, and of Divine Service therein, according to the rites of the said Church of England and Ireland, it shall and may be lawful for him or them to do so, upon procuring the licence of the Bishop under his hand and seal for that purpose ; and thereupon, after the erection of a suitable Church, and the appropriation by the founder thereof of such Church so erected, and of lands and here- ditaments, or other property adequate to the maintenance thereof, and of an Incumbent, and adequate to the usual and ordinary charges attendant upon such Church, such provision being made to the satisfac- tion of the Bishop, such founder, his heirs and assignr, being members of the said Church of England, or such body politic or corporate, as the case may be, shall have the right of presentation to such Church as an advowson in fee presentativc, according to the rules and canons of the said United Church of England and Ireland. XVIII. And be it further- enacted by the authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend in any manner, to confer any Spiritual jurisdiction or Ecclesiastical rights what- soever upon any Bishop or Bishops, or other Ecclesiastical person of the said Church, in the said Province of Upper Canada. ACT TO INCORPORATE THE CHURCH SOCIETIES Of the United Church of England and Ireland, in the Dioceses of Quebec and Toronto. Reserved for signification of Her Majesty's pleasure 9th December, 1843; assented to by Proclamation 27th June, 1844. WHEREAS it has been represented to the Legislature of this Pro- vince, that certain persons hereinafter named, and divers others, inhabitants of Lower Canada, and also certain other persons hereinafter named, and divers other inhal)itant8 of Upper Canada, have respectively established themselves together under a Constitution, Rules and Regu- lations, and have contributed, or engaged to contribute considerable sums of money, and have given or granted, or promised to give or grant, lands or real estate for the following objects, that is to say : — First, for the cncourngcmeut and support of Missionaries and Clergymen of the United BELATINO TO OHUBOH SOCIETIES. 13 Church of England and Ireland, seTcrally within the Dioceses of Quebec and Toronto, and for creating a fund towards the augmentation of the Stipends of poor Clergymen, and towards making a provision for those who may be incapacitated by age or infirmity, and for the widows and orphans of the Clergy of the said Church, respectively, in the said Dioceses ; Secondly, for the encouragement of education and the support of Day Schools and Sunday Schools in the said Dioceses, respectively, in conformity with the principles of the said Church ; Thirdly, for grant- ing assistance, where it may be necessary, to those who may be preparing for the Ministry of the Gospel in the said Church within the said Dioceses, respectively ; Fourthly, for circulating in the said Dioceses, respectively, the Holy Scriptures, the Book of Common Prayer of the said Church, and such other Books and Tracts as shall be approved by the several Central Boards or Managing Committees of the said Associa- tions; Fifthly, for obtaining and granting aid towards the erection, endowment and maintenance of Churches according to the establishment of the said Church in the said Dioceses, respectively, the creation and maintenance of Parsonage-Houses, the setting apart of Burial-Grounds and Church-Yards, the endowment and support of Parsonages and Rec- tories according to the said establishment, and the management of all matters relating to such endowments: And whereas it would tend greatly to facilitate and promote the purposes of the said Associations that they should severally be incorporated and empowered to hold pro- perty in mortmain without letters of license, and to manage, administer, alienate or dispose of the same, for the uses and purposes aforesaid, and to make and enforce rules and regulations, respectively, for the govern- ment of the said Associations, severally, and for better attaining the pur- poses aforesaid : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain and Ireland, intituled, An Act to re-units Vie Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That the Lord Bishop of the said Diocese of Quebec, the Lord Bishop of Montreal, or the Bishop administering the said Diocese for the time being, and Wil- liam Smith, Andrew W. Cochran, Henry Jessop, Henry J. Noad, John Kacey, James H. Kerr, David Burnet, W. H. Leaycraft, John M. Frazer, the Reverend C. L. F. Haensel, George Hall, James Bolton, the Reverend George Mackie, the Reverend Edward Cusack, Robert Symes, the Rev- erend Edmund W. Sewell, William Price, Noah Freer, Edward Bowen, John G. Irvine, Hammond Gowen, Sir James Stuart, Baronet, Matthew Bell, William Phillips, Henry Le Mesurier, Junior, Edward L. Monti- jsambert, Thomas Trigge, Peter Patterson, George B. Hall, James Turn- ^ f u ACT or PABLIAMENT I I ! bull, William Stevenson, James B. Forsyth, Alexander D. Bell, James Dyke, William Bowes, R. M. Harrison, H. S. Dalkin, Edward Boxer, Archibald Campbell, Charles Secretan, James McKenzie, E. P. Woolrich, George H. Parke, Samuel McCaulay, James J. Loundes, G. Newton, Charles Secretan, Thomas Glover, Robert Daikers, H. W. Welch, and such other persons as are now members of the said Association of the Diocese of Quebec, according to the existing Constitution, Rules and Regulations thereof, and their siiccessors, to be elected in the manner hereinafter provided, and such other persons as shall from time to time hereafter be elected to be members of the said Association in the man- ner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Politic, in name and in deed, by the name of " The Church Society of the Diocese of Quebec ;" and that the Lord Bishop of Toronto, the Venerable George O'Kill Stuart, Robert Simpson Jameson, Levius Peter Sherwood, James B. Macaulay, Jonas Jones, Christopher Alexander Hagerman, Peter Boyle De Blaquiere, William Henry Draper, John Simcoe Macaulay, James Gordon, John Boulton, John Solomon Cart- wright, D'Arcy Boulton, Mahlon Burwell, John B. Askin, Thomas Mercer Jones, Frederick Widder, William B. Jarvis, Henry Ruttan, Joseph Wells, Walter Boswell, Zacheus Burnham, T. A. Stewart, William Dick- son, James Kerby, William Allan, George Crookshank, R. C. Wilkins, Philip Vankoughnet, Gerrard Lloyd, John Macaulay, Sir Allan Napier Macnab, Guy C. Wood, George Salmon, Henry Shervvood, and such other persons as are now members of the said Association of the Diocese of Toronto, according to the existing Constitution, Rules and Regulations thereof, and their successors, to be elected in the manner hereinafter provided, and such other persons as shall from time to time liorcafter be elected to be members of the said Association in the manner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Politic, in name and in deed, by the name of " The Church Society of the Diocese of Toronto," and that by the same names the said Associa- tions shall have each perpetual succession and a Common Seal, with power to change, alter, break, or make new the same, as often as they shall judge expedient, and that they and their successors by the same names, respectively, may sue and be sued, implead and be impleaded, answer and be answered unto, in any Court of Record, or other place of Judicature within this Province ; and that they, and their successors, by the names aforesaid, shall be able and capable in law, respectively, to purchase, take, have, hold, receive, enjoy, possess, and retain, without license in mortmain, or Lettrea <£ Amortissemenf, all messuages, lands, tenements, and immovable property, money, goods, chattels, and mova- ble property, which have been or hereafter shall be paid, giveu, granted^ purchased, appropriated, devised or bequeathed in any manner or way whatsoever, to, for, and in favour of the said Church Societies, lospec- EELATING TO CnUROH SOCIETIES. 15 tively, to and for the uses and purposes aforesaid, or any of them, and to do, perform and execute, all and every lawful act and thing useful and necessary for the purposes aforesaid, in as full and ample a manner, to all intents, constructions, and purposes, as any other Body Politic or Corporate by law may or ought to do. II. And be it enacted, that all lands, messauges, tenements, heredita- ments, or immovable property, and all rents, sum and sums of money, charged upon and issuing or payable out of any lands, messauges, tene- ments, hereditaments, or immovable property, as aforesaid, and all sums of money, goods, chattels, effects, or movable property, which have been or shall hereafter be paid, given, granted, purchased, appropriated, devised, or bequeathed in any manner or way whatsoever, to, for, or in favour of the said Corporations, repectively, to and for the uses and pur- poses aforesaid, shall be and the same are hereby vested in the said Cor- porations, respectively, to and for the uses and purposes aforesaid, in such manner and form, and subject to such by-laws, rules and regula- tions, as may be made and passed by the said Corporations, respectively, concerning the same, in the manner hereinafter provided : And that the said Corporations, or the Central Boards thereof, or such other Executive and Managing Committees thereof as sliall from time to time be ap- pointed and authorized for this purpose by the by-laws, rules and regu- lations, which may be made and passed in the manner hereinafter men- tioned, for the government of the said Corporations, shall, respectively have power and authority to alienate or exchange, and to demise, let and lease for any terms of years, such messauges, lands, tenements, hereditaments, and immovable property, as shall be so as aforesaid given, granted, purchased, appropriated, devised, or bequeathed to the said Cor- porations, respectively, for all or any of the purposes aforesaid, and to have, receive, and take the purchase money, consideration or price, rents, issues, or profits thereof: Provided always, that the said Coiporations, or Central Boards thereof, or such other Executive or Managing Commit- tees, as aforesaid, shall, respectively, have, receive, take and hold, such purchase money, consideration or price, rents, issues, or profits, for the uses and purposes hereinbefore mentioned and set forth, or some or one of them, and for none other. III. And be it enacted, that the said Corporations, and their successors, shall and may, rcspectivelj', from time to time, hold assemblies and meetings of the said Corporations, which shall be called together in such manner and at such times and places as shall be directed and appointed by the by-laws, rules and regulations, of the same, to transact the busi- ness of the said Corporations, and shall and may at any such meeting elect such persons to bo members of the said Corporations, respectively, as thoy or the major part of them then present shall think fit : Provided always, that no act done in any such assembly or meeting of the said m ACT OF PARLIAMENT H! i^ Corporations shall be valid or effectual, unless six persons of such Cor- porations, at the least, shall be present, and the major part of them con- senting thereto. IV. And be it enacted, that the said Corporations, or the major part of those who shall be present at any of the meetings of the said Corpora- tions to be held in manner aforesaid, shall and may, respectively, make and ordain any constitution, by-laws, rules and regulations, whatsoever, which to them or the major part of them then present, not being fewer in number than six, as aforesaid, shall seem meet, reasonable or requi- site, touching and concerning the well ordering and governing of the affairs and business of the said Corporations, and the due administering and improving the property thereof, and the more effectually promoting the purposes thereof, as aforesaid, and such constitution, by-laws, rules and regulations, in like manner from time to time to abrogate, repeal, change or alter, as may be found expedient, which constitution, by-laws, rules and regulations, shall be binding upou and shall be obscfved, per- formed and kept by the members of the said Corporations, respectively : Provided always, that the same shall not be repugnant or contrary to the aforesaid purposes of such Corporations, or to the laws in force in this Province. V. Provided always, nevertheless, and be it enacted, that no such con- stitution, by-law, rule or regulation, of either of the said Church Societies of the Dioceses of Quebec and Toronto, nor any abrogation, repeal, change or alteration of the same, shall be of any force or effect until it shall have been sanctioned and confirmed by the Bishop of or adminis- tering such Diocese for the time being, by writing under his hand. VI. And be it enacted, that nothing herein contained shall affect or bo construed to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or of any Body Politic or Corporate, such only excepted as are hereinbefore mentioned and provided for. VII. And be it enacted, that this Act shall be deemed a Public Act, and shall be judicially taken notice of as such by all Judges, Justices of the Peace, and other persons whatsoever, without being specially pleaded. BELATINO TO BBCTOBIES. VI AN ACT VESTING THE RIGHT OF PRESENTATION TO RECTORIES IN THE CHURCH SOCIETY. Beserved for the signification of Her Majesty's pleasure 30th Aug., 1851. The Royal Assent given by Her Majesty in Council on the 15th May, 1852 ; and Proclamation made thereof by his Excellency James, Earl of Elgin and Kincardine, in the Canada Gazette of the 9th June, 1852. WHEREAS the recognition of legal equality among all religions Denominations is an admitted principal of Colonial Legislation } And whereas in the state and condition of this Province, to which such a principal is peculiarly applicable, it is desirable that the same should receive the sanction of direct Legislative Authority, recognizing and de- claring the same as a fundamental principle of our civil polity : Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of Great Britain and Ireland, and intituled, " An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby declared and enacted by the authority of the same. That the free exercise and enjoyment of Religious Profession and Worship, without discrimination or preference, so as the same be not made an excuse for acts of licentiousness, or a justification of practices inconsistent with the peace and safety of the Province, is by the constitution and laws of this Province allowed to all Her Majesty's subjects within the same. II. And whereas the provisions of the Act of the Imperial Parliament of Great Britain, passed in the thirty-first year of the Reign of His late Majesty King George the Third, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, ' An Act for making more effectual provision for the Govern- ment of the Province of Quebec, in North America,' and to make further provision for the Government of the said Province," whereby the erection of Parsonages or Rectories in this Province, according to the establish- ment of the Church of England, the endowment of such Parsonages or Rectories out of the Clergy Reserves, and the presentation of Incumbents or Ministers to such Parsonages or Rectories, is vested in the Govern- ment of this Province, have been found to give occasion to doubts and apprehensions which it is desirable should be removed by the repeal of the same under the power for that purpose vested in the Provincial Par- i 18 ACT OP PABLIAMSNT liament by the provisions of the said Imperial Act— Be it therefor© enacted, That the thirty-eighth, thirty-ninth and fortieth sections of the said Act shall be and the same are hereby repealed ; and that from hence- forth, no Letters Patent shall be issued in this Province by the Crown for the erection of any such Parsonages or Rectories, or for the endow- ment thereof, out of the Clergy Reserves or the Public Domain, or for the presentation of any Incumbent or Minister to any such Parsonage or Rectory: Provided always, that neither such repeal, nor anything herein contained, shall in any wise affect any proceedings heretofore had, whereby certain Parsonages or Rectories were erected and endowed, or supposed to be erected and endowed by the Authority aforesaid, or whereby certain Incumbents or Ministers were presented, or supposed to be presented, under the same Authority, to such Parsonages or Recto- ries, or any of them, but the legality or illegality of all such proceedings shall be left open to be adjudicated upon and determined as if this Act had not been passed : And provided also, that nothing herein contained shall extend or be construed to extend to limit or in any \Vay affect or interfere with the provisions of the twenty-seventh section of the Act of the Parliament of this Province, passed in the Session thereof held in the fourth and fifth years of Her Majesty's Reign, intituled, " An Act for the disposal of Public Lands." III. And be it enacted, That in the event of its being judicially deci- ded that any of such Parsonages or Rectories were erected according to law, and until a judicial decision shall be obtained on such question, the right of presenting an Incumbent or Minister to such Parsonage or Rec- tory shall vest in, and be exercised by the Church Society of the Church of England Diocese within which the same shall be situated, or in such other person or persons, bodies politic or Corporate, as such Church So- ciety, by any By-law or By-laws to be by them from time to time passed for that purpose, shall or may think fit to direct or appoint in that behalf. AN ACT TO ENABLE MEMBERS OF THE CHURCH TO MEET IN SYNOD. Reserved for signification of Her Majesty's pleasure 19th June, 1856 ; assented to by proclamation 28th May, 1857. WHEREAS doubts exist whether the members of the United Church of England and Ireland, in this Province, have the power of reg- ulating the affairs of their Chttrch, in matters relating to discipline, and necessary to order and good government, and it is just that such doubts RILATINO TO 8TNOD8. 19 should be removed, in order that they may be permitted to excrcl«e the flame rights of self-government that are enjoyed by oilier relipious com- munities: therefore Her Majesty, by and with th( advic«and consent of the Legislative Council and Assembly of Canada, enivct ns follows : I. The Bishops, Clergy, and Laity, members of the United Church of England and Ireland, in this Province, may meet in their several Dio- ceses, which are now, or may be hereafter constituted in this Province, and in such manner and by such proceedings as they shall adopt, frame constitutions and make regulations for enforcing discipline in the Church, for the appointment, deposition, deprivation, or removal of any person bearing office therein, of whatever order or degree, any rights of the Crown to the contrary notwithstanding, and for the convenient and orderly management of the property, affairs, and interests of the Church in matters relating to, and affecting only, the said Church, and the officers and members thereof, and not in any manner interfering with the rights, privileges, or interests of other religious communities, or of any person or persons uot being a member or members of the said United Church of England and Ireland : provided always, that such constitutions and reg- ulations shall apply only to the Diocese or Dioceses adopting the same. II. The Bishops, Clergy, and Laity, members of the United Church of England and Ireland, in this Province, may meet in General Assembly within this Province, by such Representatives as shall be determined and declared by them in their several Dioceses ; and in such General Assem- bly frame a constitution and regulations for the general management and good government of the said Church in this Province : provided always, that pothing in this Act contained shall authorise the imposition of any rate or tax upon any person or persons whomsoever, whether belonging to the said Church or not, or the infliction of any punishment, fine, or penalty upon any person, other than his suspension or removal from any office in the said Church, or exclusion from the meetings or pro- ceedings of the Diocesan or General Synods ; and provided also, nothing in the said constitutions or regulations, or any of them, shall be con- trary to any law or statute now or hereafter in force in this Province. AN ACT TO AMEND THE ABOVE ACT. \ [Assented to 16th August, 1858.] WHEREAS doubts exist whether in the Act passed in the nineteenth and twentieth years of Her Majesty's Reign, intituled, " An act to enable the members of the United Church of England and Ireland iu BMBtS 2(» ACT OF PARLIAMENT Canada, to meet in Synod," sufficient provision is made for the represen- tation of the Laity of the United Church of England and Ireland in the Synods by the said Act authorised to be held, and it is expedient that such doubts should be removed : therefore. Her Majesty by and with the advice and consei^t of the Legislative Council and Assembly of Canada, enacts as follows : I. For all the purposes of the aforesaid Act, the Laity shall meet by representation ; and until it shall be otherwise determined by the Synod in each Diocese, one or more delegates (not exceeding three in any case) may be elected at the annual Easter meetings in each Parish, Mission, or Cure within the Diocese, or in cases where there may be more than one congregation in any Parish, Mission or Cure, then in each such congre- gation, or at meetings to be specially called for the purpose by each Cler- gyman having a separate Cure of souls; and all laymen within such Par- ish, Mission or Cure, or belonging to such congregation, of the full age of twenty-one years, who shall declare themselves in writing, at such meetings, to be members of the United Church of England and Ireland, and to belong to no other religious denomination, shall have the right of voting at such election. Each delegate shall receive from the Chairman of the meeting a certificate of his election, which he shall produce when called upon to do so, at the Synod ; and the first meeting of such Synod shall be called by the Bishop of the Diocese at such time and place as he shall think fit ; provided always, that no business shall be transacted by tlie Synod of any Diocese unless at least one-fourth of the Clergy of such Diocese shall be present, and at least one-fourth of the Congregations within the same be represented by at least one delegate. II. All proceedings heretofore had in any Diocese under the afore- said Act, which have been conformable to the provisions of this Act, shall be held to be valid, as if the same hod taken place after the passage of this Act. AN ACT INCORPORATING THE SYNOD OF THE DIOCESE OF ONTARIO. [Assented to 9th June, 1862.] TTtTHEREAS Her Majesty, by Her Royal Letters Patent, bearing date " » at Westminster, on the eighteenth day of February, in the twenty- fifth year of Her Majesty's Reign, was pleased to divide the Diocese of Toronto into two Dioceses, the one to be called the Diocese of Toronto and (he other the Diccese of Ontario, in the manner and with the limits SELATINa TO STNODS. Idate [nty- Ise of tonto and boundaries in the said Letters Patent mentioned ; And whereas b; an Act passed in the Session held in the nineteenth and twentieth yeai of Her Majesty's Keign, intituled, " An Act io enable the members of tl United Church of England and Ireland to meet in Synod" it is enacted a follows : " The Bishops, Clergy and Laity, members of the United Churcl of England and Ireland in this Province, may meet in their several Di oceses which are now or may hereafter be constituted in this Provincr and in such manner and by such proceedings as they shall adopt, fram constitutions and make regulations for enforcing discipline in the Church for the appointment, deposition, deprivation or removal of any persoi bearing office therein, of whatever order or degree, any rights of the Crown to the contrary notwith8tr.nding, and for the convenient and or- derly management of the property, affairs and intercsis of the Church, in matters relating to and affecting only the said Church :" And whereas a Synod of the Diocese of Ontario hath recently been constituted, and hath prayed that the Bishop, Clergy and Laity, members of the United Church of England and Ireland, within the said Diocese of Ontario, be incorpor- ated as hereinafter mentioned ; And whereas it would tend greatly to facilitate and promote the purposes of the said Synod, as set forth in the above recited Act, that the said Corporation should be created with the powers hereinafter mentioned, subject to the provisions hereinafter men- tioned : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. From and after the passing of this Act, the Bishop, Clergy, and Laity, members of the said United Church of England and Ireland, with- in tlie Diocese of Ontario, shall be and are hereby declared to be a body corporate and politic in name and in deed, by the name of " The Incor- porated Synod of the Diocese of Ontario," and shall have and are hereby invested with the like corporate rights, powers, patronage and privileges, as by any Act or Acts of the Parliament of this Province are conferred on any Church Society incorporated in any Diocese of the United Church of England and Ireland in this Province, and to the said Corporations and to the members thereof, the several clauses and provisions of the said Acts shall apply in so far as may not be inconsistent with this Act. II. The Synod of the Diocese of Ontario shall be composed and con- sist of the Lord Bishop of the Diocese, for the time being, the Priests and Deacons of the same, licensed by tlie Lord Bishop, and of Lay llepre- eentatives, to be elected as provided for by such Constitution and Kegu- lations as the Synod has heretofore adopted, or shall from time to time enact; provided always, that the Chancellor and Begistrar of the said Diocese may, with the consent of the Synod, be ex-vfficio members of th. said Synod. III. The Incorporated Synod of the Diocese of Ontario shall and mt, receive and take from the Church Society of the Dluccs? of Toronto, ( B mm 22 ACT OF PARLIAMENT 11 i from the Lord Bishop of Toronto, or from any other Jierson whomsoever, «ny of the property, real or personal, held by them and of right belong- ing to the said Diocese of Ontario, and shall discharge the Trusts relat- ing thereto, and such Church Society, Lord Bishop of Toronto and other person shall thereupon be discharged from such Trusts. lY. All lands situate within the limits of the Diocese of Ontario and the Diocese of Toronto, or elsewhere, and hehd by the Church Society of the Diocese of Toronto, or by the Lord Bishop of Toronto, upon any spe- cial Trust or purpose for the benefit or advantage of any Church, Parson- age, Rectory, person or party, or otherwise howsoever, of the United Church of England and Ireland, within the limits of the Diocese of On- tario, shall be and are hereby vested in the Incorporated Synod of the Diocese of Ontario. v. All lands situate witliin the limits of the Diocese of Ontario, and now lawfully held by any person or corporation, upon any special use, trust or purpose, for the benefit or advantage of any church, burying- ground, parsonage or rectory, or otherwise howsoever, of the United Cliurch of England and Ireland, within the limits of the Diocese of On- tario, may, by such person or corporation, witli the consent of tlie party beneficially interested, be transferred to the Incoi-poratcd Synod of the Diocese of Ontario. VI. All lands, moneys, mortgages or securities, heretofore conveyed, paid or assigned to the Church iSociety of the Diocese of Toronto, or to any other person for the benefit of the fund called the Episcopal Trust Fund, to be applied towards the support and maintenance of the Lord Bishop of the Diocese of Ontario, for the time being, shall be and the same are hereby vested in the Incorporated Synod of the Diocese of Onta- rio, and shall, by the said Incorporated Synod, be held upon, to and for the use, trust and purposes for which the same were heretofore held by the person or corponation holding the same ; and the Incorporated Synod may take, have, hoJd, and receive any and all moneys, mortgages, lands, and securities which shall hereafter be given, paid, devised or bequeathed to or otherwise acquired by said Incorporated Synod, for the benefit of said Episcopal Trust Fund. VII. All lands, moneys, mortgages, and securities which, under the authority of this Act, shall be vested in the Incorporated Synod of the Diocese of Ontario, shall, by the said Incorporated Synod, be held upon, to and for the uses, trustf^ interests, and purposes for which the same was heretofore held by the person or corporation holding the same ; ami the said Incorporated Synod may sell and dispose absolutely of any such lands, mortgages, and securities as in this Act mentioned, or any other lands, mortgages, and securities, which shall, after the passing of this Act, be received, held ttt. acquired by the said Incorporated Synod, and •.hull have tmd hold the proceeds of such lands, mortgages, and sccuritica RELATING TO SYNODS. 23 icd of the the >on, >roc an 22d year of Your Majesty's reign,.entitled "An Act to explain and amen* an Act,, intituled ^Avc Act to enable the Members of the United Churcl' ef England and Ireland in Canada to meet ini Synod,' " it was enacted among other things,, that — "The Bishops,, Clergy, and Laity, members of the United Church c England and' Iceland in this Province, may meet in their several Die ceses, which are bow, or may be hereafter constituted in this Provincr aad la such manaoer and by such) proceedings as they shall adopt, fram> CONSECBATION OF BISHOP-ZLECT. 25 irch c Die ovinct fraiU' )n8titution8 and make regir>ations for enforcing discipline in the hurch, for the appointment, deposition, deprivation, or removal of any »er8on bearing office therein, of whatever order or degree, any rights of he Crown to the contrary notwithstanding, and for the convenient and orderly management of the property, affairs, and interests of the Chnrch in matters relating to and affecting only the said Church and the officers and members thereof, and not in any manner interfering with the rights, privileges, or interests of other religious commiinKdes, or of any person or persons not being a member or members of the said United Church of England and Ireland ; Provided always that such constitutions and regulations shall apply only to the Diocese or Dioceses adopting the same." That under and by virtue of the said recited Act, the Bishops, Clergy, and Laity of the said Diocese of duly assembled in Synod at in the said Diocese, on the day of A. D. 18 , and then and there duly passed and enacted a certain Canon, Rule, and Regulation for the election of a Bishop of the said Diocese whenever any vacancy should occur in the office of Bishop thereof. That after the passing of the said Canon, Rule, and Regulation, the office of Risbop of the said Diocese became vacant on the day of by the of the Right Reverend the Itishop of the said Diocese ; and therefore, in accord- ance -with tlie said Canon, Rule, and Regulation, the said Synod of the said Diocese of duly met at the day of A. J). 18 elected «aid Diocese, and that the «aid 9ias given his assent to tlie said election. Your Petitioners therefore himibly pray that Your Majesty will he :graciously pleased to approve the said to be the Bishop of the said Diocese in accordance •with said recited Acts of the Parliament of Canada, and with the Canon lawfully made by the Diocesan and Provincial Synods in that behalf and that Your Majesty will be graciously pleased to direct the jiecessary .authority to be issued for the consecration of the said as Bishop of the jsaid Diocese of in the said Diocese, on , and then and there duly to be the Bishop of the --■ .IMi^ 26 AUTHORIZED TRUSTS. 11 ill" TRUSTS AUTHORIZED BY THE CHURCH TEMPORA- LITIESACT. The Church Temporalities Act in its 16th Section, makes valid any deed, devise, or conveyance of land, or of personalty that may be made to any Bishop of the United Church of England and Ireland in Upper Canada, and to his Successors, for any of the following purposes : — Ist, For the endowment of his See. 2nd. For the General uses of the Church in Upper Canada,, as the Bishop to whom the deed shall be given, and his Successors may appoint ; or as may be appointed otherwise in the deed, (thatiis for the general uses of the Church in Upper Canada,) to be applied under such particular direction as may be given in the deed, and not in the general discretion of the Bishop. 3rd. For the use of any particular Church (in Upper Canada,) erected at the time of the deed being made, — and this,, it is conceived, may by reasonable and proper construction be divided* as the preceding head, into two ; namely,, to be applied towards the support of that Church in such manner as the Bishop to whom the deed shall be given may direct; or to be applied towards the support of such Church otherwise than at the discretion of the Bishop, and under such particular direction as may be inserted in the deed. 4th. For the use of any particular Church to be afterwards erected ia Upper Canada,, to be applied towards the support of such Church, as the Bishop to whom the deed shall be given and his Successors may direct ; or to be applied towards the support of such Church other- wise than at the discretion of the Bishop, and under such particular direction as may be inserted in the deed. 5tb. For the endowment of a parsonage, rectory, or living, to be ap- plied (as it IS conceived) to that object, under the direction of the Bishop, unless other provision for the appropriation of the rents and profits shall be made in the deed. 6th. For other uses or purposes appurtenant to the Church, ia Uppec Canada ; that is for some specified use or purpose,, or uses or pur- poses pertaining to the Church generally, — ^thc proceeds, to be ap- plied in promoting that object, in the discretion of the Bishop, un- less other provision shall be made in the deed. 1th. For other uses or purposes appurtenant to any f^irticular Church (in Upper Canada,) to be named in such deed ; that is, for some spe- cified use or purpose, or uses or purposes pertaining to such particu- lar Church, — the proceeds to be applied in promoting such uses or purposes, according to the discretion of the Bishop,, to whom i\if> conveyance shall be made, unless other provisions shall be made la the deed. AUTnoniZED TRUSTS. n 8tti. For some use or purpose appurtenant to 8(»ue particular parish (in Upper Canada), which use or purpose should be specified in the deed, and should be some use or purpose connected with the Church in that parish, — the rents and profits to be applied in promoting such use or purpose in such manner as the Bishop to whom the deed is to ^ be made shall appoint, unless other piovisiba shall be made in tho deed. The same Act, in the same Section, makes valid any deed or convey- ance of land, or of personalty,, that may be made to any Parson or Rec- tor, or other Incumbent, and his successors, — Ist. For the endowment of such Parsonage, Rectory, or Living; 2nd. For other uses or purposes appurtenant to such Parsonage, Rec- tory, or Living, (which uses or purposes are to be expressed in tho deed, or may be left to the discretion of the incumbent, or left to bo pointed out and promoted through the agency of some third party^ as may be directed in the deed.) Note. — In order to the validity of Deeds and Bequests, the same must be made and executed six months at least before the death of the grantor or devisor, and must be registered not later than six months after his decease. , un- TKUSTS Authorized by the Provincial Statute, 1. Victoria, Chap. 68, incorporating The Church Society of the Diocese of Toronto, and extended to The Synod of Ontario, by 25 Victoria, Chap 86. First — For the encouragement and support of Missionaries and Clergy- men of the United Church of England and Ireland within the Dio. cese of Ontario, and for creating a fund towards the augmentation of the stipends of poor Clergymen, and towards making provision for those who may be incapacitated by age or infirmity, and for tho Widows and Orphans of the Clergy of the said Church, in the said Diocese. Secondly — For the encouragement of Education, and for the support of Day-Schools and Sunday-Schools in the said Diocese, in conformity with the principles of the said Church. Thirdly — For granting assistance, where it may be necessary, to those who may be preparing for the Ministry of the Gospel in the said Church, within the said Diocese. Fourihly — For circulating in the said Diocese the Holy Scriptures, the Book of Common Prayer of the said Church, and such other Books and Tmcts as shall be approved by the Central Board or Managing Committee of the said Association. ■OH !l FOBMS OF OONYETANCE. yihly—YoT obtaining and granting aid towards the erection, endow, ment and maintenance of Churches, according to the establishmen - of the said Church, in the said Diocese ; the erection and mainten- ance of Parsonage-houses ; the setting apart of Burial-grounds and Church-yards ; the endowment and support of Parsonages and Rec- tories, according to the same establishment, and the management qf all matters relating to such endowments. i ! iii I ' FORM OF CONVEYANCE TO THE BISHOP, WITH BAR OP DOWER. This Indenture, made the day of.,. a the year of our Lord one thousand eight hundred and Between of the ,f in the County of in the Pro- ince of Canada, and .is wife, of the one part ; And the Bight Reverend John Travers, Lord lishop of Ontario, in the said Province of Canada, of the other part : Whereas the said is desirous of con- eying the Parcel or Tract of Land and Promises hereinafter particularly 'escribed, to the said John Travers, Lord Bishop of Ontario, and to his luccessors, to the uses and upon the trusts hereinafter declared, accord- ng to the provisions of an Act of the Parliament of the Province of Jpper Canada, passed in the fifth year of the reign of Her Majesty Jueen Victoria, intituled, " An Act to make provision for the manage- lent of the Temporalities of the United Church of England and Ire- and in this Province, and for other purposes therein mentioned." Now this Indenture witnesseth, that the said for the purpose aforesaid, hath given, granted, and conveyed, ',nd by these presents doth give, grant, and convey unto the said John Travers, Lord Bishop of Ontario, and to his Successors, for ever, all and ingular that certain Parcel or Tract of Land and Premises situate and being in the Town ... .of in the County of in the said Province of Canada, containing be the same more or less, and being composed of which said Parcel or Tract of Land is bounded and de- scribed as follows, that is to say subject to the reservations and conditions expressed in the original iptint of the said Land from the Crown. Together with all and singular the appurtenances to the said Parcel or Tract of Land belonging : To have and to hold the said Parcel or FO&MB OF COMVITANOE. 29 Tract of Land and Premises, with their appurtenances, unto the said John Travers, Lord Bishop of Ontario, and his Successors, for ever, to the uses and upon the trusts following, and subject to the provisions of " The Act incorporating the Synod," that is to say : [ZTere insert the Trusts.'] Ide- inal And the said doth hereby for him- self, his Heirs, Executors and Administrators, covenant with the said John Travcrs, Lord Bishop of Ontario, and his Successors, that the said and every person rightfully claiming, or to claim, any interest at law or in equity in the said Premises, or any part thereof, under or in trust for him or his Heirs, shall at all times here- after, on every reasonable request, and at the sole expense in all things of the said John Travers, Lord Bishop of Ontario, or his Successors, make and do, or cause to be made and done, all such further acts and assurances in the law, for more fully and satisfactorily assuring the said premises, with the appurtenances, to the said John Travers, Lord Bishop of Ontario, and his Successors, in manner aforesaid, and accord- ing to the intent of these presents, as by him, or them, or his or their Counsel in the Law, shall be lawfully and reasonably advised and re- quired. And this Indenture forther witnesseth, that the said with the approbation and consent of her said hus- band, in consideration of the premises, and in further consideration of the sum of of lawful money of Canada, to her by the said John Travers, Lord Bishop of Ontario, in hand paid, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath remised and released, and by these presents doth remise and release, unto the said John Travers, Lord Bishop of Ontario, and his Successors, all Dower, and right and title to Dower, which 8he, the said now hath, or in the event of her surviving her said husband, can or may have, or claim, either at Common Law or otherwise howsoever, of, in, to, or out of the Lands, Tenements, Hereditaments, and Premises hereby conveyed. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above writt«n. Signed, Sealed and Delivered, in the pretence of ,[I,.8.1 .[L.S.] .[L.SJ 30 FOBMS OF CONVETANCE. I- FORM OF DEED OF CON\T.YANCE TO THE SYNOD OF THE DIOCESE OF ONTARIO, WITH BAR OF DOWEB. This Indenture, made the • day of in the year of our Lord One Thousand Eight Hundred and ..... Between of the Town of ^ in the District, in the Province of and his wife, of the one part : and " The Incorporated Synod of the Diocese of Ontario,'' of the ofher part :• Whereas the said is desirous of convey- ing the parcel or tract of Land and Premises hereinafter particularly described, to " The Incorporated Synod of the Diocese of Ontario" afore- said, to the uses and upon the trusts hereinafter dieclared : Now this Indenture witnesseth, that the said for the purpose aforesaid, hath given, granted and conveyed, and by these presents doth give, grant and convey, unto " The Incorporated Synod of the Diocese of Ontario," aforesaid, and their assigns,, for ever, all and singular that certain parcel or tract of Land and Premises situate and being in subject to the reservations and conditions expressed in the original Grant of the said Land from the Crown. Together with all and singular the appurtenances to the said parcel or tract of Land belonging : To have and to hold the said parcel or tract of Land and Premises, with their appurtenances, unto " The In \"~ porated Synod of the Diocese of Ontario" aforesaid, and their assigns, for ever, to the uses and upon the trusts following, and subject to the pro- visions of "The Act incorporating the Synod of the Diocese of Ontario" — that is to say [Here insert Trusts.] And the said ... ., doth hereby for Heirs, Executors and Administrators, covenant with " The Incorporated Synod of the Diocese of Ontario,' aforesaid, and their assigns, that the said ..... .and every person rightfully claiming or to claim aay interest, at law or in equity, in the said Premises, or any part thereof,, under or in trust for Heirs, shall at all times here- after, on every reasonable request, and at the sole expense in all things of « TJie Incorporated Synod of the Diocese of Ontario," aforesaid, or their assigns, make and do, or cause to be made and done, all such further acts and assurances in the law, for more fully and satisfactorily assuring the said premises, with the appurtenances, to " The Incorporated Synod of the Di&ceae of Ontario." aforesaid, and their assigns, in manner aforesaid, and according to the intent of these presents, as by them or their Coun- sel in the Law, shall be lawfully and reasonably advised and required^ lll'i ! Ill I ! FORMS or CONVETANTCB. 31 And thii Indenture farther witneaieth, that the said with the approbation and consent of her said husband, in consideration of the premises, and in further consideration of the sum of ftye shillings, of lawful money of Canada, to her by " The Incorpm-ated Synod of the Diocese of Onturio," aforesaid, in hand paid, at or before thi> sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath remised and released, and by these presents doth remise and release unto " The Incmporated Synod of the Diocese of Ontario," aforesaid, and their assigns, all Dower, and right and title to Dower, which she, the said now hath, or, in the event of her surviving her said husband, can or may have or claim, either at Common Law or otherwise howsoever, of, in, to, or out of the Lands, Tenements, Hereditaments and Premises, hereby conveyed. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, Sealed, and Delivtred, in the presence of or to part herc- things their urther Buritig ynod of oresaid, r Coun- aited^ FORM OF CONVEYANCE TO A RECTOR OR INCUM- BENT OF A LIVING, WITH BAR OP DOWER. This Indentore, made the .day of , in the year of our Lord one thousand cigiit hundred and Between of the Township of in the District of in the Province of Canada, and his wife, of the one part ; And the Reverend of the Township of in the District of in the said Pro- vince, Clerk, Rector of the Rectory of in the said Town- ship, and within the Diocese of Ontario, in the said Province of Canada, of the other part : [describing the Rectory carefully in accordance with the Patent constituting the Jiectory ; or, where the Church is not the Church of a Kectory or Parish, say-'-a Clergyman in holy orders of the United Church of England and Ireland, serving and doing duty in the Church called .{where Vie Church can he described by a particular name) situated upon Lot number in the Concession of the 2'ownship of in the said District of within the Diocese of Ontario.} Whereas the said is desirous of con- veying the Parcel or Tract of Land and Premises hereinafter particularly described, to the said and to his Successors in the said Rectory, [Church, Mission or Living} to the uses, and upon the ■MM 32 FOBMS or OONVETANCI. !l I ^1 I .W I tiiiiii! trusts hereinafter declared, according to the provisions of the Act of the Parliament of the Province of Upper Canada passed in the fifth year of the reign of Her Majesty Queen Viotoria, intituled « An Act to mako provision for the management of the Temporalities of the United Church of England and Ireland in this Province, and for other purposes therein mentioned." Now this Indenture witnetieth, that the said , ...>.... for the purpose aforesaid, hath given, granted, and conveyed, and by these presents doth give, grant, and convey unto the said,.. . . . . Rector of the said Rectory of [describing it in full as before] ; or if it be not a Rectory, (serving and doing duty as aforesaid in the Church called situated upon Lot number in the Concession of tho Township of in the said District of within the Diocese of Ontario, and to his Successors for ever, being Incumbents of the said Rectory, (or if it be not a Rectory) of the said Church, Mission, or Living, and in full communion with the United Church of England and Ireland, and serving therein in accordance with the doctrines and discipline of the said United Church of England and Ireland) all and singular that certain parcel or tract of land and premises situate and being in the Township of in the County of in the District of in the said Province of Canada, containing be the same more or less, and being composed of Lot number.,^.. in the Concession of the said Township of. which said parcel or tract of land is bounded and described as follows, that is to say: .,, subject to the reservations and conditions expressed in the original grant of the said Land from the Crowru Together with all and singular the appurtenances to the said Parcel or Tract of Land belonging: To have and to hold the said Parcel or Tract of Land and Premises, with their appurtenances, unto the said •. Rector of the said Rectory of. [describing it in full as before'}— or, if it be not a Rectory, (serving and doing duty as aforesaid in the Church called. ../ situated upon Lot number in the Concession of the Township of in the said District of. within the Diocese of Ontario, and to his Successors forever. Incumbents of the said Rectory, (or if it be not a Rectory) of the said Church, Mission, or Living, being in full communion with the United Church of England and Ireland, and serving therein in accordance with the doctrines and )-ear first above written. Signed, Sealed and Delivered, in the presence of [l.b.] [i-.s.] [I..8.] BEQUEST OF REAL ESTATE TO THE SYNOD OF THE DIOCESE OF ONTARIO. I give, devise and bequeath, unto " The Incorporated Synod of the Dio- cese of Ontarh, all and singular that certain parcel or tract of Land and Premises situate axxd l>eiag in the r< r. .. . r...- mmm mtmimaiimmtm 34 FORMS OF BEQUESTS & TRUSTS. To have and to hold the said parcel or tract of Land and Premises, with the appurtenances, unto " Thi Incorporated Synod ■gf ihe Diocese of Ontario" aforesaid, and their assigns forever, to the uses and upon the trusts following, that is to say : — BEQUEST OF PERSONAL ESTATE. I give and bequeath to The Incorporated Synod of the Diocese of On- tario, the sum of [or Shares of stock in the , ... Bank, standing in my name in the Books of the said Bank, (if Debentures, briefly describe them)] upon trust, to be by The Incorpo- rated Synod of the Diocese of Ontario aforesaid applied to the general purposes of the said Synod, as set forth in the Statutes incorporating the Church Society of the Diocese of Toronto, and the said Synod. V FORMS OF TRUSTS. FOR ENDOWMENT OF THE SEE. Upon trust to hold the same for ever hereafter, for the endowment of the said See, or Bishoprick of Ontario, and for no other use or purpose whatsoever. * ENDOWMENT OP PARSONAGE. Upon trust to hold the same for ever hereafter, for the endowment of the Parsonage [Rectory or Living, as the case may be] in tlie Township of », in the said County of within the said Diocese of Ontario, [describing the same eithtr by its name or bonnd-iries, in such manner as may sufficiently and accurately distingtiish it] to the intent and upon the trust that the rents, issues and profits of the said land and premises shall be from time to time appropriated and applied, under the direction of the said John Travers, Lord Bishop of Ontario, and his Suc- cessors, to the support of the Incumbent of the said Parsonage, [Rectory or Living, as ihe case may be] for the time being. FOR GENERAL PURPOSES. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues and profits thereof, may be appropriated and applied to the general purposes of " The Incorporated Synod of the Diocese of Ontario," aforesaid, as set forth in the Statutes incorporating the Church Society of the Diocese of Toronto and the said Synod> FORMS OF TRUSTS. •35 FOR THE SUPPORT OF MISSIONS. ' Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, — after deducting all such charges and disbursements as may be incurred in the care and management of the said property, and in the execution of the said Trust, — may be appropriated and applied for the encouragement and •support of Missionaries and Clergymen of the United Church of England and Ireland within the Diocese of Ontario, and for creating a fund towards the augmentation of the stipends of poor Clergymen. WIDOWS AND ORPHANS FUND. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of said property and in the execution of the said trust, Ynay be appropriated and applied towards the fund for making provision for the Widows and Orphans of the Clergy of the United Church of England and Ireland in the Diocese of Ontario, SCHOOLS. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care ax d management of said property and in the execution of the said trust, ma^r be appropriated and applied for the encouragement of Education, and fc r the support of Day Schools and Sunday Schools in the Diocese of Ontario, in conformity with the principles of the United Church of Eng- land and Ireland. upon jriated of the stating PARTICULAR SCHOOL. Upon trust to hold the same for ever hereafter, to the intent and upon the trusts that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of said property and in the execution of the said trust, may be appropriated and applied for the support of Day Schools and Sunday Schools [or Day Schools] [or Sunday Schools] in the Township of or for the support of a School which hath been established on Lot No in the Concession of the Township of in the Diocese of Ontario, in conformity with the principles of the United Church of England and Ireland. 36 FORMS OV TRUSTS. IN ■ CIRCULATION OF BIBLES, PRAYER BOOKS, AND RELIGIOUS BOOKS AND TRACTS. Upo^i trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of said property and in the execution of the said trust, may be appropriated and applied towards the circulating, in the Diocese of Ontario, the Holy Scriptures, the Book of Common Pra^'er of the United Church of England and Ireland, and such other Books and Tracts as shall be approved by the Synod of the Diocese of Ontario aforesaid.. DIVINITY STUDENTS. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements a^ may be incurred in the care and management of said property and in the execution of the said trust, may be appropriated and applied towards a fund for granting assistance, where it may be necessary, to those who may be preparing for the Min- istry of the Gospel in the United Church of England and Ireland in tho Diocese of Ontario. ERECTION AND ENDOWMENT OF CHURCHES AND PARSONAGES. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof,, after deducting all 8uch charges and disbursements as may be incurred in the care and management of said property and in the execution of the said trust, may be appropriated and applied towards the erection, endowment, and maintenance of Churches, according to the establishment of the United Church of England and Ireland in the Diocese of Ontario, the creation and maintenance of Parsonage-Houses ; the setting apai-t of Burial- grounds and ChuiTh-yards, and the endowment and support of Parson- ages and Ilectorie» according to the snrae Establishment. FOR PARTICULAR CHURCH, ^ Upon trust to hold the same for ever hereafter, for the use of that cer-- tain Church of tlie United Charch of Eng!ind and Ireland situated in the Township of in tho County of within the Baid Diocese of Ontario, called , , Church, [or if the Church eanuot be otherwise distinctly and accurately descnhed, insert uftei' the words ^^ Diocese of Ontario"] — "which hath been erected, or to be hereafter ** erected, upon Lot number , , , . in the , ,Couces8ioa of rO&MS OV TRUSTS. 37 u the said Township," to the intent and upon the trust that the rents, issues, and profits of the said land and premises may be appropriated and applied to the use of the said Church, in such manner as the said John Travers, Lord Bishop of Ontario, and his Successors, shall from time to time appoint. • ' T,r •?.--^-v SITE OF ▲ CHURCH. Upon trust to hold the same for ever hereafter, for the use of a Church of the United Church of England and Ireland, to be erected upon the said parcel or tract of Land, and for a Burial-ground in connexioa therewith, and for no other use or purpose whatsoever. SITE OF X CHURCH AND PURPOSES APPURTENANT THERETO. Upon trust to hold the same for ever hereafter, for the site or ground- plot of a Church of the United Church of England and Ireland, and for such other uses or purposes appurtenant to the said Church as the Lord Bishop of the Diocese shall from time to time appoint. SUPPORT OF INCUMBENT. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of said property and in the execution of the said trust, may be appropriated and applied to the support of tlie Incumbent of that certain Church of the United Church of England and Ireland, situated in called SITE FOR A PARSOKAGE-HOVSE. Upon trust to hold the same for ever hereafter, as a site for a Parson- age-House, for the use of the Clergyman of the United Church of Eng- land and Ireland doing duty at ». -T*,^ ^ . i .1*; '■J'. '\ i)j II 1 m- THE DECLARATION, CONSTITUTION AND CANONS OR BY-LAWS OF THX SYNOD OF THE DIOCESE OF ONTARIO. If DECLARATION. We, tlie Bishop, the Clergy, and Representatives of tke Laity of the United Church of England and Ireland, within the Diocese of Ontario, assembled in Synod, and intending, under God's bless- ing and guidance, to consider and determine upon such matters as shall appear necessary for the welfare of the Church in this Diocese, desire to make a declaration of the principles upon which we pur- pose to proceed. We desire that the Church in this colony shall continue, as it has been, an integral portion of the United Church of England and Ireland. As members of that Church, we recognize the true Canon of Holy Scripture, as received by that (Jhurch, to be the rule and standard of faith; we acknowledge the Book of Common Prayer and Sacraments, together with the Thirty-nine Articles of Religion, to be the true and faithful declaration of the doctrines contained in Holy Scripture; we maintain the form of Church government by Bishops, Priests, and Deacons, as Scriptural and Apostolical ; and we declare our firm and unanimous resolution, in dependence on Divine aid, to preserve those doctrines and that form of Church government, and to transmit them to our posterity. In particular, we uphold the ancient doctrine of our Church, that the Queen is rightfully possessed of the chief government or supremacy over all persons within her dominions, in all causes SEOLABATION. 89 of by and irch, It or Lttses whether ecclesiastical or civil ; and we desire that such supremacy should continue unimpaired. It is our earnest wish and determination to confine our delibera- tions and actions to matters of discipline, to the temporalities of the Church, and to such regulations of order as may tend to her effi- ciency and extension ; and we desire no control or authority over any but those who are, or shall be, members of the said Church. We conceive that the following, and such like subjects, may fitly come under our consideration, and lead to action on our part : 1. To frame a Constitution for the Synod, and to regulate the time and place of its meetings, and the order and manner of its proceedings. 2. To provide for the proper exercise of ecclesiastical discipline, in regard to both Clergy and Laity. 3. To provide for the extenbion and temporal well-being of the Church, and the support of the Clergy and schoolmasters, for the maintenance of publio worship, and the diffusion of a sound reli- gious education. 4. To promote and regulate the building and consecration of Churches, and the erection of Parsonages and school houses. 5. To provide for the division of the Diocese into Parishes, with regulations for future sub-divisions. 6. To provide (with consent of the Crown, where needed) fit regulations for tht appointment of Bishops, Priests, and Deacons. 7. To regulate the. fees for marriages and other offices of the Church. 8. To provide, with the consent of the Crown, for the division of the Diocese into new Dioceses, either forthwith, or at any future period. 9. To procure from the Colonial Legislature any laws, or modi- fication of laws, which the circumstances of the Church may require. These are subjects which will supply abundant employment for our Synods, and they are such as the circumstances of the Church in this Province imperatively require the Clergy and Laity to deal with. In conclusion, we humbly pray that the God of unity and peace may be with us, and so chasten our afifcctions, purify our motives, I'll! ! ill ;' V i ii; 40 CONSTITTTTION. and guide our judgment, that we may be enabled to contribute to the efficiency, concord, and stability of the Church in this land. 1 1 il J I.— CONSTITUTION. .'J' 1. The Synod shall consist of the Bishop of the Diocese, of the Priests and Deacons of the same licensed by the Lord Bishop, and of Lay representatives to be elected as hereinafter provided. 2. The Lay Representatives shall be male communicants of the full age of 21 years, who shall have communicated at least once within the previous year. They shall be elected as hereinafter pro- vided, at the Easter Meeting, held by each minister having a separate cure of souls, or at any meeting specially called by him for that purpose, and all laymen within the cure, of twenty-one years and upwards, who shall have at the time of the election declared themselves in writing, in a book provided for such purposes by the parish, to be habitual attendants of that congregation, and mem- bers of the United Church of England and Ireland, and to belong to no other religious denomination, shall have the right of voting at the election : Provided that no member shall vote in the election of Delegates in more than one church in the diocese within the year. 3. The Minister himself, if present, shall preside at the election, and in his absence the Curate or Assistant Minister, or in case neither the Minister nor his Assistant be present, a Chairman elected by a majority of those present. 4. The number of Representatives to be elected within the Cure shall be three, to serve for three years. One of them shall retire annually. The first on the list of the Representatives, returned as elected at the Easter Meeting now ensuing, shall serve for three years ; the second so returned, shall serve for two years ; and the last so returned, shall serve for one year ; and they shall be capable of being re-elected : but when there are two Congregations having Churches, that which has the largest- number of voters shall elect two and the other one ; when there are three Congregations having Churches, each shall elect one ; and when more than three, those having the smallest number of votes shall unite for the election of one Representative with the Congregation of the Church nearest to 00NSTIT17TI0N. 4X at them ; and in all oases the Church to which the Minister is spe- cially lioensed or appointed shall be entitled to at least one Repre> sentative. 5. Within seven days after such election the Chairman of the meeting shall send to the Treasurer of the Synod the amount h»- sessed in his Parish or Cure as hereinafter provided, together with a certificate of such election according to the following form : — DIOCESE OF ONTARIO, f arish of Congregation of 1 hereby certify that at the meeting for the election of Lay Delegates for this Parish (or Congregation) held on day of A.D. was (or were, as the case may be) duly elected to represent this Parish (or Congregation) in the Synod oi the Diocese for the current year, and that are the Bepresentatives of this Parish (or Congregation.) . Chairman. (Date) I also forward herewith the assessment of the Parish, $ And on such certificate shall be endorsed as follows : — • Kingston, To THK SlCRXTARIES OF THE SyNOD : Gentlemen — I have received the Synod dues on this Parish or Cure ; you can therefore enter the names of the Lay Delegates on the Synod list. Your obedient servant, Treasurer. Which certificate so endorsed by the Treasurer of the Synod shall by him be forwarded to the Secretaries, who shall enter the names of the Lay Delegates on the Synod list, to be printed and sent to each member of the Synod one month before the meeting thereof. The Chairman of the meeting shall likewise furnish each Repre- sentative with a similar certificate, and such certificate shall be taken as sufficient proof of the election ; but without it, any per- son presenting himself as a Representative shall be required, before taking his seat, to afford sufficient proof that the Requirements of the Synod have been complied with in his election ; and Represen- tatives shall continue in office until their successors are appointed : Provided that when the Care shall be vacant from the inability or neglect of the Congregation to support a Clergyman, that the lay representatives shall, after the expiration of one year from the va- cancy caused by such inability or neglect, cease to hold and have seats in the Synod. 42 CONSTITUTION. ii' i I'^ili I,. ill H I / > 6. If any lay representative is elected for more than one parish, he shall within one week after receiving notice thereof select the parish for which he intends to sit and vote, and shall signify the same to the Secretaries of the Synod, who shall at once notify the minister of the other parish or parishes for which such representa- tive shall have ^oen elected ; and thereupon such minister shall pro- ceed to call a new election by giving due notice thereof on two consecutive Sundays, such new election to take place within fifteen days from the receipt of the notification from the Secretary of the Synod. And in the event of the erection of a new parish or cure, or of a vacancy occurring in the number of representatives of any parish or cure, either by death or otherwise, the ministers of the said parish or cure shall in like manner and within the same period proceed to hold a new election to fill such vacancy, and the voters at the last election shall be entitled to vote at such new election without further registration. 7. Clergymen who have been members of the Synod, from whom the Bishop has not withdrawn his license, and who have become superannuated or incapacitated in consequence of age or infirmity, may continue to attend the meetings of the Synod, and vote thereat. 8. The Synod shall meet annually, or oftener if required ; the time and place of meeting being appointed by the Bishop, who shall adjourn, prorogue, or dissolve the Synod, as may appear to him most for the welfare of the Diocese. 9. A quorum of the Synod shall consist of not less than one fourth of the whole number of the Clergy, and one fourth of the congregations within the Diocese, represented by at least one dele- gate, and no business shall be transacted without a quorum. 10. There shall be two Secretaries, one from the Clergy, the other from the Laity, who shall be elected annually on the first day of the Synod, with power to appoint an assistant Secretary, and whose duty it shall be to keep regular minutes of all proceedings of the Synod, to record them in a book provided for that purpose, to preserve all papers, memorials, and other documents, to con- duct correspondence, and to attest the public acts of the Synod, and who shall deliver all records and documents to their successors. The Clerical and Lay Secretaries shall be ex-offi/cio member* of all standing Committees. OONSTITUTIOir. 43 and igsof Irpose, con- ,and 3SSOr3. \er» of 11. There shall be a Treasurer of the Sy?)" , who shall disburse all moneys received and paid under its authority ; and two Audi- tors, who shall annually inspect and report on tiie condition of the accounts. 12. A Finance Committee shall be appointed annually, to fix the assessment to be levied from each parish for the ensuing year. The current expenses of the Synod shall be defrayed under the joint authority of the Secretaries and the Treasurer. 13. There shall be an Executive Committee, to be nominated and presided over by the Lord Bishop, and to consist of twentv members, ten chosen from the Clergy, and ten from the Lay repre- sentatives ; of whom seven shall be a quorum, and whose office shall continue till their successors are appointed. In the absence of the Bishop, the committee shall elect a chairman. It shall be the duty of the Executive Committee to prepare in due form all such mat* ters as the Bishop, or any other members of the Synod may desire to bring forward ; to receive reports of all other committees ; and to print such reports or such parts of them as they may deem expe- dient ; to countersign or endorse hy their chairman all cheques, claims, and applications made by any board or c/)mmittee ; or any other lawful applications on the Treasurer of th^ Synod ; and to issue a circular, under the Bishop's direction, stating the time and place of meeting, the business for the ensuing Synod, and the order in which it will be discussed : which circular shall be forwarded to each Clergyman and Lay representative, one month before the meeting of the Synod. 14. The business to be submitted to the Synod, and all reports of committees, shall be sent to the Executive Committee six weeks before the meeting of the Synod. 15. No act or resolution of the Synod shall be valid without the concurrence of the Bishop, and of the majority of the Clergy, and of the Laity present ; and if a difference should be found to subsist between the orders after a vote is taken, then the subject under consideration shall stand over to the ensuing Synod. This rule not to refer to the election of a Bishop. \ 16. Any proposition for an alteration of this constitution, or of any of the rules of order, or the canons, shall be sent to the Execu- i 44 CANONS OB BT-LAWS. tive Committee, and by them laid before the Synod, to be oon- aidered at the ensuing meeting; and, if approved by the Bishop and a majority, shall lie over to the next meeting of the Synod ; and if again approved by the Bishop and a majority, consisting of two-thirds of both Clergy and Laity, it shall be confirmed. ■1 !l ,; ■ II.— ORDER OF PROCEEDINGS. 1. The first meeting of the Synod in each session shall be pre- ceded by public morning prayer, and a sermon, together with the holy communion ; and the collection at the offertory shall be devo- ted to missionary or other purposes, on the recommendation of the Executive Committee. 2. After divine service on the first day of meeting, the Lay Secretary shall attend at the place of meeting of the Synod, to re- ceive the certificates ox the Lay repi'esentatives, which shall be ex- amined by the Secretary and a committee of two to be appointed for that purpose. No representative shall be permitted to act as such until the assessment upon his parish is paid. 3. The Clerical Secretary shall then call over the roll of the Clergy, to be iumished by the Bishop, and mark the names of those in attendance ; and the Lay Secretary shall call over the names of the several parishes and their representatives, marking those who are present. 4. The election of Secretaries shall then be made by the Clergy and Laity respectively ; and a Treasurer and two Auditors shall be appointed ; all of which officers shall hold their respective offices until their successors shall be appointed. ^ -' ^ 5. After this, on the first day, and on all other days after morn- ing prayers, the order of business shall be as follows : (1.) Reading, correcting, and approving the minutes of the pre- vious meeting. (2.) Appointing committees. (3.) Presenting, reading, and referring memorials, petitiras, and correspondence. . , - It c] leJ CANONS OB BT-LAW8. 4ft (4.) Prewnting reports of oommittees, and of the Treasttrer and the Attditora. (5.) Giving notice of motions. • * (6.) Taking up unfinished business. (7.) Consideration of motions. '' • 6. An address from the Bishop shall be in order at any time. tie JO- ihe .ay re- ex- ited t as the hose es of who ergy shall )ffice8 morn* lepre- 18, and III.— RULES FOR THE PRESERVATION OP ORDER. 1. When the Bishop has taken the chair, no member shall con< tinue standing. 2. When any member is about to speak for the information of the Synod, he shall rise and address himself to the chair. 3. No motion or amendment shall be considered as before the Synod (excepting such a., may be proposed by the Bishop, or com- mittees), unless seconded and reduced to writing. To prevent sur- prise, no motion, except motions in course, shall be considered till the succeeding day of meeting. 4. No member shall speak more than twice on the same ques- tion, without asking and receiving permission from the chair. 5. When a question is under consideration, no other motion shall be received ; unless to adjourn, to move the previous question, to lay it on the table, to postpone it to a certain time, to postpone it indefinitely, to commit it, to amend it, or to divide it ; and mo- tions for any of these purposes shall have precedence in the order here namod. 6. Motions to adjourn or to lay on the table shall be decided without >f^ f* s' >n .tt- 'iv,j< .,• •^:-*' y't-^ "fU. vn.- -ELECTION OF DELEGATES TO THE PROVIN- CIAL SYNOD. 1. The canon passed at the last session respecting " the election of Provincial Delegates" is hereby repealed. 2. The election of Delegates to the Provincial Synod shall be the first order of the day, after notices of motion at the morning session, on the second day, of the annual meeting of the Synod, and shall take precedence of all other business. 3. Two clerical and one lay member shall act as scrutineers of the votes of the clergy, and two lay and one clerical member of the Synod as scrutineers of the votes of the laity ; the scrutineers for each order to be appointed on motion by the members of each order separately. 4. Two ballot boxes shall be provided to receive the votes of the clergy and laity respectively. Upon each member of the Synod depositing his vote, a mark shall be placed opposite his name on the roll by the Secretary of the order to which he belongs ; and upon the requisition of any three members of the Synod, the number of votes deposited shall be compared with the number of those who have voted upon the occasion. The scrutineers shall hand over the votes to the Secretaries of the Synod, whose duty it shall be to preserve them until the election of Delegates shall be completed, and then to destroy them at the end of the session. 5. In case of a vacancy occurring in the number of Delegates aflter the election, and before the meeting of the Provincial Synod, the vacancy shall be supplied on an appointment by the Lord Bishop, under his hand and seal. KoTx. — ^Thisandthe following Canons stand for Confirmation. OANONS OB BY-LAWS. 49 :ii'i.''\'yAX kt. .^k is. VIII.— FOR THE BETTER ENFORCING DISCIPLINE IN THE CHURCH, AND FOR THE ADMINISTRA- TION OF THE DIOCESAN COURT. r 1. There shall be a Court of this Diocese, erected by the Lord Bishop, under the authority of his patent, and authorized by the Synod; called " The Diocesan Court of Ontario," for the prosecution, hearing, and trial of all ecclesiastical causes within this Diocese, and of all offences of the Laity, as well as the Clergy, against the laws ecclesiastical, against the provisions of the statutes constituting and affecting the Synod, and the canons, rules, and regulations of the Synod- ^. 2. That in every case of any Clerk in Holy Orders of the United Church of England and Ireland, within this Diocese, who may be charged with any offence against the laws ecclesiastical, or against the provisions of the statutes constituting the Synod, or against the canons, rules, and regulations of the Synod, or concerning whom there may exist scandal or evil report as having so offended, it shall be lawful for the Bishop, on the application of the party complain- ing thereof, or if he shall think fit of his own mere motion to issue a commission under his hand and seal, to five persons, of whom one shall be an Archdeacon or Rural Dean within the Diocese, for the purpose of making inquiry as to the grounds of such charge or re- port : Provided alwiiys, that notice of the intention to issue such commission under the hand of the Bishop, containing an intimation of the nature of the offence, together with the names, addition, and residence of the party on whose application or motion such com- mission shall be about to issue, shall be sent by the Bishop to the party accused fourteen days at least before such commission shall issue : Provided that no commission shall issue on the application of any party complaining, until he shall have first given to the Bishop and his successors in office, a bond, to be approved by the Bishop, in the penal sum of $200, to pay all costs and expenses that the party complained of may have incurred, in case he shall be ac- quitted of the complaint, or the complaint dismissed for want of due prosecution. 3. That it shall bo lawful for the said commissioners, or any II mmm 50 CANOMi OB BT-LAWS. i w m three of them, to examine upon oath, or upon solemn affirmation in ca«e8 where an affirmation or declaration is allowed by law instead of an oath, which oath, or affirmation, or declaration, respectively, shall be administered by them to all witnesses who shall be tender- ed to them for examination, as well by any party alleging the truth of the charge or report as by the party accused, and to all witnesses whom they may deem it necessary to summon for the purpose of fully prosecuting the inquiry and ascertaining whether there be sufficient prima facie ground for instituting further proceedings ; and notice of the time when and place where every such meeting of the commissioners shall be holden shall be given in writing, under the hand of one of the said commissioners, to the party accused, seven days at least before the meeting ; and it shall be lawful for the party accused, or his agent, to attend the proceedings of the commission, and to examine any of the witnesses ; and all such pre- liminary proceedings shall be private ; and when such preliminary proceedings shall have been closed, one of the said commissioners shall, after due consideration of the depositions taken before them, openly and publicly declare the opinion of the majority of the com- missioners present at such inquiry, whether there be or be not sufficient pnma facie ground for instituting further proceedings. 4. That the said commissioners, or any three of them, shall transmit to the Bishop, under their hands and seals, the depositions of witnesses taken before them, and also a report of the opinion of the majority of the commissioners present at such inquiry whether or not there be sufficient prima facie ground for instituting pro- ceedings against the party accused ; and such report shall be filed in the Registry of the Diocese ; and that if the party accused shall hold any preferment in any other- Diocese or Dioceses, the Bishop to whom the report shall be made shall transmit a copy thereof, and of the depositions, to the Bishop or Bishops of such other Dioceso or Dioceses, and shall also, upon the application of the party accused, cause to be delivered to such party a copy of the said report and of the depositions, on payment of a reasonable sum for the same, not exceeding two-pence for each folio of ninety words. 5. That in all cases where proceedings shall have been com- menced under these canons against any such Clerk, it shall be law- ful for the Bishop of this Diocese, with the consent of such Clerk ser haj or at the I saic bie; trut poir tcnoJ CANONS OB BT-LAW8. 61 and of the party complaming, if any, first obtained in writing, to pronounce, without any further proceedings, such sentence as the said Bishop shall think fit, not exceeding the sentence which might be pronounced in due course of law ; and all such sentences shall be good and effiectual in law as if pronounced iifter a hearing according to the provisions of these canons, and may be enforced by the like means. 6. That if the Commissioners shall report that there is sufficient prima fade ground for instituting proceedings, and if the Bishop of this Diocese or the party complaining shall thereupon think fit to proceed against the party accused, articles shall be drawn up by the direction of the Bishop, or at the instance of the party com- plaining, and, when approved and signed by a barrister-at-law, shall, together with a copy of the depositions taken by the Commissioners, be filecl in ■^<» Registry of this Diocese ; and any such party, or any person ot - jhalf, shall be entitled to inspect without fee such copies, a. i i,^ require and have, on demand, from the Registrar, (who is hereby required to deliver the same), copies of such depo- sitions, on payment of a reasonable sum for the same, not exceeding two-pence for each folio of ninety words. 7. That a copy of the articles so filed shall be forthwith served upon the party accused by personally delivering the same to him, or by leaving the same at the residence house belonging to any pre- ferment holden by him, or if there be no such house, then at his usual or last known place of residence ; and it shall not be lawful to proceed upon any such articles until after the expiration of four- teen days from the day on which such copy shall have been so served. 8. That it shall be lawful for the Bishop, by writing under his hand, to require the party to appear before him, either in person or by his agent duly appointed, as to the said party may seem fit, at any convenient place within the Diocese, and at any time after the expiration of the said fourteen days, and to make answer to the said articles within such time as to the Bishop shall seem reasona- ble ; and if the party shall appear, and by his answer admit the truth of the articles, the Bishop or his Commissary specially ap- pointed for that purpose, shall forthwith proceed to pronounce sen- tence thereupon, according to the ecclesiastical law and the statutes CANONS OB BT-LAWS. of this Province enabling the members of the United Church of England and Ireland in Canada to meet in Synod. 9. That every notice and requisition to be given or made in pur- suance of these canons shall be served on the party to whom the same respectively relate, in the same manner as is hereby directed with respect to the service of a copy of the articles on the party accused. 10. That if the party accused shall refuse or neglect to a{^ar and make any answer to the said articles other than an unqualified admission of the truth thereof, the Bishop shall proceed to hear the cause, with the assistance of three Assessors to be nominated by the Bishop, one of whom shall be his Chancellor, or a barrister of not less than seven years standing, and another shall be the Dean of his Cathedral Church, or one of his Archdeacons, and upon the hearing of such cause the Bishop shall determine the same and pro- nounce sentence thereupon, according to the ecclesiastical law and the statutes of this Province enabling the members of the United Church of England and Ireland to meet in Synod. 11. That ail sentences which shall be pronounced by the Bishop or his Commissary, in pursuance of these canons, shall be good and eflfectual, and binding on all parties concerned therein ; and that said sentences may extend to the deposition, deprivation, or removal, as provided for in the said Statutes of this Province, in the preceding section mentioned. 12. That in every case in which, from the nature of the oflFence charged, it shall appear to the Bishop that great scandal is likely to arise from the party accused continuing to perform the services of the Church while such charge is under investigation, or that his ministration will be useless while such charge is pending, it shall be lawful for the Bishop to cause a notice to be served on such party at the same time, with the service of a copy of the articles aforesaid, or at any time pending any proceedings before the Bishop, or in the Diocesan Court, inhibiting the said party from performing any services of the Church within this Diocese, from and after the expiration of fourteen days from the service of such notice, and until sentence shall have been given in the said cause : provided that it shall be lawful for such party, being the Incumbent of a Benefice, within fourteen days after the service of CANONS OR BY-LAWS. 53 the said notice, to nominate to the Bishop any fit person or persons to perform all such services of the Church during the period in which such party shall be so inhibited as aforesaid ; and if the Bishop shall deem the person or persons so nominated fit for the performance of such services, he shall grant his license to him or them accordingly, or in case a fit person shall not be nominated, the Bishop shall make such provision for the service of the Church, and such remuneration to the party performing the same, as to him shall seem necessary ; and to provide for the payment of such remuneration, if necessary, by sequestration of the living, provided also, that it shall be lawful for the said Bishop, at any time, to revoke such inhibition and license respectively. 13. That it shall bo lawful for any party, who shall think him- self aggrieved by any judgment pronounced by the Bishop, to appeal from such judgment, and such appeal shall be to the Court of Appeal of the Metropolitan. * 14. That it shall be lawful, in any such inquiry, for any three or more of the Commissioners ; or in any such proceeding, for the Bishop, or for any Assessor of the Bishop, to require the attend- ance of such witnesses, and the production of such deeds, evi- dences, or writings, as may be necessary. 15. That every witness who shall bo examined, in pursuance of these canons, shall give his or her evidence upon oath, or upon solemn afiirmation, in cases where an affirmation is allowed by law instead of an oath, which oath or affirmation respectively, shall be administered by the Judge of the Court or his Surrogate, or by the Assessor of the Bishop, or by a Commissioner ; and that every such witness who shall wilfully swear or affirm falsely shall be deemed guilty of perjury, 16. That every suit or proceeding against any such Clerk in Holy Orders, for any offi^nce agauist the Laws Ecclesiastical, or against the provisions of the Statutes constituting the Synod, or against the Canons, Rules and Regitlations of the Synod, shall be commenced within two years after the commission of the ofience, in respect of which the suit or proceeding shall be instituted shall have become publicly known, and not afterwards; provided always, that whenever any such suit or proceeding shall be brought in respect of an oflFence, for which a conviction shall have been ob- W i ! 1 ■: i.,iii i U bought '^™'' *\„^CnIto, aW»g>. ™« *"»". '-» calendar montta "^V"* '^" ^„^Usion of the offence, m ro- yeare «W1 have »1»I«^*;»^ ^^^^Vu be «. bvought. Vt of «hieh ^ch ™" ";P"^^%pear from the context the 17. That, unto it shall "'"nrthe foreRoing canon, shall be J„ " Preferment," when used » *»J»Sdeaeonry, Prebend, l^trued to comprehend "^ Prtfvtr, or Viear Choral in Canonry, Office of Mmor Ca^»,J^^' Trea^urership, Sub-Dean- Holy Orders, and «"yjj^^r2 other Dignity and Officein erv, Chancellorship of the ChurcH, ana Mastership, War- r Cathedral or Collegia^ ^^^/^ J^Church, and all B^c ^ denship, and Fellowsh.P, '- ^jf^^„ j^.^i^ all Parishes, Per- '^ flees with Cnre of Souls '»™^;~p„Mic Chapels, Parochial petual Curacies, Donatives, tn^wed ^^ ^^^^ j„ ^^.apelries, and Chapelnes «; » ~„ Ja, to any Church of Wong, or annexed, or «P»tedJ« ^ Chaplaincy Duty. fxhat the Bishop of the Diocese shall nominate and ap^rnt "rSthcBegistryOfficebe^eptat^^^^^^ „ay select, and that suitable books be prov ^stering aU said toumeM. jjeetors. Incumbents, Church- 3 That it shall be the duty ox ^^^^^ „t all ,a*ns, Trustees, or oth« pe^n J-»; .; ^^ „, relating ' grants, eonveyanees, or "^. " f^^' „, i^^A, for the benefit Iransmit the »- »? *' '^S^'^nhe said Registrar toenter in flie CANONS OR BT-LAV/S. 55 aoint conveyance, and a copy of the clause in every will devising such land or property, together with the date thereof, and the name of the witnesses thereto, and if a probate, the court in which the same is proved. 5. That it shall be the duty of the said Registrar to endorse on every such grant, conveyance, and will, or probate thereof, a certi- ficate of such registry, and to return the same forthwith ' tae party from whom he received it. 6. That the said Registrar shall keep indices showing the grantees, grantors, and Parishes or Churches mentioned in the grants, conveyances, and wills registered. 7. That on application by any member of the Church of Eng- land and Ireland, the said Registrar shall furnish a copy of any such instrument, or permit a search and examination thereof, upon payment of the fee hereafter to be arranged. And whereas it may be desirable to deposit the originals of such grants, conveyances, and wills in a safe and secure place, it is further enacted, 8. That the Registrar shall retain such grants, conveyances, and wills, as the parties transmitting may be desirous of having so kept, and shall deposit them in some safe and secure place of de- posit, to be appointed for the purpose, and approved of by the Bishop of the Diocese, and in such cases shall furnish copies thereof certified, and shall state in the certificate that the originals are so deposited, and in case the parties desire to withdraw the originals, the said certificate to be produced and cancelled. 9. That the Bishop of the Diocese be authorized to establish a reasonable tariff of fees to be paid to said Registrar. :\urcli- of aU elating Ibenefit pese, to |r in ihb int and X.— ON THE CONSTITUTION OF VESTRIES FOR FREE CHURCHES. Whereaa there are many Churches in this Diocese in which, by reason of there being no pews or sittings held by the members of the Congregation thereof; no vestry can be legally formed for the direction of the said Churches, the management of their pro- perty, or other necessary matters: : — And whereas, by the Act passed in the nineteenth and twentieth years of Her Majesty's reign, 56 CANONS OR BY-LAWS. * entituled, "An Act to enable the members of the United Church of England and Ireland, in Canada, to meet in Synod," authority is given to the Bishops, Clergy and Laity, members of the said United Church of England and Ireland, meeting in Synod, to "frame constitutions and make regulations * * * for the convenient and orderly management of the property, affairs,, and interests of the Church," — ^be it enacted that in all such Churches in this Diocese, where by reason of the seats being free no vestry can be formed, the members of the congregation of each said Church shall have the power and authority to constitute and fornx a vestry ; and such vestry shall consist of such membtvs, being of the full age of twenty-one years, as shall declare themselves in writing, in a book to be procured for that purpose by the congre- gation, to be members of the United Church of England and Ire- land, and habitually attending worship in such Church. And being so formed and constituted, such vestry shall have the same power and authority, aiid do, and perform such matters and things us are possessed and done by vestries formed of holders of pews or sittings in other Churches, provided always that such vestry shall have DO power or authority to interfere with, alter, or cliangc any right, rule, or custom existing in such Church by virtue of any gift, endowment, or regulation of the Bishop of the Diocese, or right or interest unreserved by him ; such right, rule, custom, or reserved right or interest being set forth and recorded, either in a deed of gift or endowment, or by order of the Bishop, in the book hereinbefore directed to be provided for the enrolment of the mem- bers of the vestry ; and which record shall be duly authenticated by the then incumbent of such Church, and by the majority of the members of the congregation then enrolling their names. XI.— ON BUILDING AND REPAIRS OF PARSONAGES. 1. That it shall be the recognized duty of every Parish or Mis- sion, where no Parsonage at present exists, to erect, as soon as possible, a suitable Parsonage, with Out-houses, for the accommo- dation of the Clergyman ; and that until such buildings are erected, it shall be the duty of the Parish or Mission to rent a suit- CANONS OR BY-LAWS. 57 Iges: Mis- bon as jmiuo- T8 are asuitr able residence, that the Clergyman may enjoy the same free of charge, and independent of any sum that may be assigned for his salary, 2. That in the event of the Parish seeking aid from the Synod towards the erection of the Parsonage, such aid shall not be granted until the Synod is satisfied that the proposed new Par- sonage will be one suited to the circumstances of the Parish ; that, thereupon, the plans of the proposed buildings (which shall be of brick or stone, if such materials be suitable to the position and means of the Parish), shall be previously submitted to the inspec- tion of the Archdeacon haviuj^- jurisdiction ; and the approbation of the Archdeacon shall be a sufficient guarantee to the Synod that aid may, with propriety, be extended to said Parish. 3, That when the Parsonage and Out-houses are erected and finished, or when, in the event of a change of incumbcmcy, they are put in the possession of the Clergyman in a state of good re- pair ; it shall then be the duty of the Clergyman to keep and maintain the same in as good repair and condition, ordinary wear and tear of the same excepted ; and if the Incumbent shall, by wilful negligerce, by any act of commission or omission, suffer the said buildings to go out of repair, so that they are in danger of being se- riously damaged thereby, he shall be held responsible for the same, and it shall therefore be the duty of the Churchwardens to point out such dilapidations to the Incumbent, and request him to provide a remedy for the same ; and should he decline or neglect to repair the same, the Churchwardens may, after a reasonable space, cm- ploy a suitable mechanic^ or mechanics to execute the necessary repairs, and the certified expense thereof they may deduct from the Clergyman's annual salary paid by the Parish. But should the Clergyman feel aggrieved by such contemplated action of the Churchwardens, he may appeal to the Archdeacon having juris- diction, who shall (if he see fit) appoint a committee who shall examine into the merits of the case^ and report thereon to the Archdeacon, who shall then give an authoritative decision on the subject, pending which decision the Churchwardens shall suspend the contemplated action. 4. Should, however, any extensive improvements or repairs be- come necessary from the lapse of time, such as new roofings, ex- ternal painting, or new fences, to protect the premises, the expense 58 CANONS OB BT-LAWS. ill I : 1! i i! ' « of these and all similar improvements or repairs shall be borne by the Parish. And it shall be the duty of the Clergyman, vhen such repairs are required, to lay a detailed statement of the same, vith an approximate estimate of the expeni^, before the usual Easter Meeting of the Vestry, having previouslj' given uotice of his intention so to do, or before a Vestry Meeting especially con- vened for the purpose ; and should the members of the Vestry sanction the same, the Churchwarden shall forthwith proceed to eflFect the necessary repairs, providing for the expense thereof from the funds of the Church, by Parochial subscriptions, or by any other mode determined upon by the Vestry, save that in no case shall the property of the Parish be so encumbered by the debt or mortgage as to lead to the probability of its being ultimately lost to the Parish, nor shall the expense of such improvements be de- frayed from any funds appropriated to, or pertaining to the sup- port of the Clergyman. But should the Vestry decline to sanction the necessary repairs and the expense of the same, or should the Churchwardens neglect to accomplish the required repairs (when sanctioned) within a reasonable period, the Clergyman may then appeal to the Archdeacon, who may appoint a committee, as afore- said, to inspect the premises and report upon the necessity of the proposed alterations or repairs ; and as far as sanctioned by their report, the Archdeacon shall require the Parish, through its Churchwardens, to effect the same ; and in case of non-compliance within the time specified by him, then the Incumbent shall have authority to accomplish the same by means of money borrowed for the purpose, the amount of which, together with the interest on the same, shall be discharged within a limited time named by the Archdeacon ; and in default of payment being made at the time specified, the Incumbent shall notify the same to the Archdeacon, who shall then take such further action in the premises as he, in his wisdom, may see fit. 5. Should an Incumbent, as may sometimes happen, desire to make additions, alterations, or improvements, which neither he nor the Churchwardens may regard as absolute necessities, but which, nevertheless, the Vestry (afler being consulted) may not object to, provided the Incumbent will, in the meantime, procure the means of effecting the same, it shall and may, in all such cases, il CANONS OR BY-LAWS. 59 n le en en re- he eir its nee ave for , on the ime con, |e, in re to tr he but |y not jocure leases, be lawful for the Incumbent, in conjunction with tho Churchwar- dens, to employ a suitable architect or mechanic to estimate the expense of such improvements or additions, and the Churchwar- dens may, if they approve of the same, sanction such expenditures, the amount of which, certified by the bills and receipts of the con- tractors, shall be regarded as a debt duo by the Parish to the Incumbent in case of his removal, or to his family in the event of his death, provided that 10 per cent, of such outlay, together with the interest of the money borrowed, shall be deducted from such debt for every year that the benefit of the said improvements shall have been enjoyed by such Incumbent, or by his family, to whom the balance of the outlay shall be paid by the Parish in annual payments of not less than 20 per cent, of the sum originally so borrowed or advanced, together with the interest due on such balance ; and no part of such debt shall become a burden upon the successor of the Incumbent who so advanced or borrowed the money as aforesaid. 6. If, however, the Parish should have an endowment of not less than £200 per annum, enjoyed by the Clergyman, independent of the salary assigned by the Parish ; and should the expense of the aforesaid additions or improvements not exceed one year's pro- ceeds of such endowment, the expenditure shall then be borne by the Incumbent desiring to make the same ; but should the expen- diture sanctioned as above exceed the full amount of the year's income from the endowment, then the expenditure above that sum shall become a debt due by the successor of the Incumbent, and to be paid in the same manner as in the former case, if not already liquidated, as aforesaid, by the annual deduction of 10 per cent, for every year's enjoyment of the same. 7. If a Clergyman shall subscribe liberally towards the erection of a Parsonage and Outrhouses, or towards the cost of additions thereto, and yet should not live to enjoy the benefit of the same for at least one year, such subscriptions, less 10 per cent, shall be returned to his family by the Parish. 8. The Parsonage being the property of the Parish, the loss of it by fire would prove a serious calamity to the Parishioners, it shall therefore be the duty of the Churchwardens to keep the buildings constantly insured in some respectable office, and in de- 60 CANONS OR BY-LAWS. J: I i i I I i li fault of their doing bo, the Incumbent may effect such insurance, and make the expense a charge against the Parish. 9. If there be pine, elm, cedar, or any other marketable timber upon any glebe or glebes, or any quarry or quarries of stone, pits of sand, or other vuluable building materials, more than may be absolutely required for the use and improvement of the same, the surplus may be sold by the Incumbent and Churchwardens, and the proceeds thereof be applied to the building, repairs, additions, or improvement of the Parsonage and Out-houses, and not other- wise. XII.— ERECTION AND DIVISION OF PARISHES AND SETTLEMENT OF THEIR BOUNDARIES. 1. That the Clergymen and Churchwardens of each settled Cure now established, do, when necessary, hold a conference or confer- ences with the Clergymen and Churchwardens of the adjacent Parishes or Cures, and by mutual agreement arrange and define the boundaries of their adjacent Parishes, and do report the same to the Archdeacon having jurisdiction for his consideration, who shall submit the same to the Lord Bishop, with his remarks thereon ; and should His Lordship approve of the same, then the boundaries so arranged, approved, and declared, shall be the boundaries of the parishes or cures aforesaid. 2. That in cases where the boundaries cannot be arranged by such mutual agreement, then that the Archdeacon be requested to issue a commission to two Clergymen and to one Lay representa- tive, none of whom shall be locally connected with such parish or cure, directing and authorizing them to investigate the merits of the case, and to decide thereon, and report their decision to the Arch- deacon for his consideration, who shall submit the same to the Lord Bishop, with his remarks thereon ; and should his Lordship approve of the same, then the boundaries so arranged, approved, and declared, shall be the boundaries of the parishes or cures aforesaid ; and fur- ther, that the expenses attending the commission be borne by the parishes interested, in such proportion as the commissioners may deem just, and the amount of such expenses is to be determined and fixed by such commissioners. • 3. That the boundaries of a parish or core being once defined, CANONS OR BY-LAWS, 61 dto nta- or tsof ^.rch- Lord prove lared, dfuT- ,y the 8 may d and efiaed, approved, and declared, may not be disturbed w shin the space of five years, except in the case of new parishes, and that every new and distinct parish that shall be erected as hereinafter provided, shall be deemed, and is hereby declared, to be a parish or benefice with the cure of souls, and that the right of presentation upon avoidance to the said benefices, unless legally vested in some other person or persons, shall vest in and be exercised by the Lord Bishop of the Diocese, and that after collation, institution and induction, by the Bishop, the person so appointed to any such benefice shall be styled, and to all intents and purposes deemed the Rector of the said parish 4. When any of the parishioners residing in any parish or ad- joining parishes shall desiro to have a new and distinct parish erected, the suid parishioners shall present a memorial to the Arch- deacon having jurisdiction, stating fully the reasons moving them thereto, also the proposed boundaries of the contemplated new par- ish, and whether the Rector or Rectors of the parish or parishes aforesaid be a consenting party, and when the said Archdeacon shall be satisfied that the provisions of the XVII. Section of the Church Temporalities Act have been complied with, or that the means for the worship of God have been provided, that then the Archdeacon shall report the same to the Lord Bishop of the Diocese, who shall, on approval, declare said portion of the parish to be a new parish. In cases where the Rector of the existing parish or parishes with- holds his or their consent from the preliminary memorial, that he be required to state his reasons in writing, within one month, to the Archdeacon, who is to decide on their validity. 5. That the boundaries of every parish, erected under the lu- thority of these canons, be entered and registered in a book to i^e kept by the Registrar of the Diocese for that purpose, and that a copy thereof be furnished to any person applying, on pavuient of the fee of twenty cents. XIII.— ENDOWMENT OF PARISHES. OENKRAL PAROCHIAL ENDOWMENT FUND. 1. That a fund be established in connection with the Incorpora- ted Synod of the Diocese of Ontario, to be called " The General Parochial Endowment Fund," to which all persons be invited to 62 CANONS OE BY-LAWS. I'- ll 11 ii ■• contribute, and from which the per centage hereinafter, in the ninth section mentioned, shall be paid, and from which the poorer parishes may be otherwise assisted. 2. That the Episcopal and General Endowment Fund Commit- tee of the Synod be managers of all money or property given to the said General Endowment Fund. 3. That the proceeds of the said General Endowment Fund shall be apportioned, with the sanction of his Lordship the Bishop of this Diocese, by the said committee, and be paid through the committee. 4. That the said committee shall annually render a full and cor- rect report to the Synod of all such apportionments, and of all other matters and things connected with the administration and distribu- tion of said fund. 5. That it shall be the duty of the Secretary of the committee to keep a full and detailed record of all the proceedings of the said committee, as far as may relate to the General Endowment Fund, in a book to be provided for that purpose, and to file and carefully preserve all applications for aid and all other papers connected with the fund. PAHOCHIAL ENDOWMENT FUND. 6. It shall be regarded as the duty of every parish where no ad- equate endowment already exists, to commence as speedily as pos- sible " A Parochial Endowment Fund," to aid in the support of the incumbent of said parish. 7. That such fund be at once commenced in each unendowed parish, by taking up a collection for the purpose in each church, and at each station within the same, inviting, moreover, subscrip- tions, donations, and bequests of land or money for the promotion of the fund. 8. That such collections and such notices be repeated annually, until a sufficient endowment fund shall have been secured. 9. That in order to encourage and assist rural congregations in forming such endowment fund, it shall be recommended to the Synod to grant aid to such rural parishes, in proportion to the amount con- tributed within the parish, by adding ten per cent, to th** amount so contributed. 10. That all gifts or bequests of real estate, and all lands other- wise acquired by any parish for the purposes contemplated by this CANONS OR BY-LAWS. 63 Jier- Lbis Canon, shall be hela by the Bishop or the Synod, in trust, for the benefit of the incumbent of the paiish ; and that said real estate shall be managed by the incumbent of the parish, as in the case of present Bectors and their glebes. 11. That all such subscriptions, donations, collections, and be- quests of personal property shall be vested in the Bishop or the Synod, in trust, and shall be allowed to accumulate until the sum of $1,000 be thus secured, after which the principal only, and all new collections, subscriptions, &c., shall be invested, and the interest shall be annually appropriated towards the incumbent's support, and to that purpose only. 12. That for the better management of each parochial endow- ment fund, in the name of the Bishop or Synod in which tho same shall be vested, there shall be a Board of three Trustees, rosident within the parish, to which such fund shall belong, and chosen as follows, namely : one by the incumbent of such parish for th«i time being, one by the Bishop or Synod, according as such fund sliall be vested, and one by the Vestry of said parish, at a meeting con- vened for that purpose ; which trustees so chosen shall ha\ o the management of such fund, in the name of the Bishop or Synod, aA the case may require, and shall invest the same in such name, to the best of their judgment ; and such trustees shall furnish to the annual vestry meeting of such parish, at Easter, a writteil state- ment, in detail, of the exact state of such fund, and how the same is invested : and any two of such trustees may act in the management or investing of such fund, as efiFectually as if they all were present and agreed. Any vacancy in such board of trustees, occasioned by death, removal from the parish, resignation, or otherwise, shall be filled by the appointment of another trustee, by the incumbent, or by the Bishop or Synod, or by the Vestry, as the case may require, by whom the trustee was appointed, in respect of whom such vacancy shall have occurred ; and such trustees shall respectively hold their seats at such board during the pleasure of the person, synod, or body by whom they shall have been respectively appointed ; and any appointment of a trustee, according to the provisions Hereof, by any such person, synod, or body, shall annul and render void every former appointment of a trustee which shall have been mado by the same person, synod, or body. |H 64 CANONS OR BY-LAWS. 1% ;* 13. And for the greater security of the said fund, the trustees appointed as above shall respectively enter into covenants to and with the Bishop, or Synod, as the case may require, for the faithful administration of the said fund as above, and of all moneys belong- ing to it which shall come to their hands, and also for the prompt and faithful surrender of all moneys in their hands, with all papers and documents referring to said fund and moneys, to their succes- sor or successors appointed as before named. 14. That whenever it shall be deemed advisable by the incum- bent, churchwardens, and congregation in vestry assembled, the moneys and other personalties of the fund may be appropriated to the purchase of a glebe, or piece of land adjacent or near to the par- sonage, as an endowment appurtenant to the same, and for the ben- efit of the incumbent, and in such case. Section XI., as far as it relates to the accumulation of the fund, shall be dispensed with, so that the whole of the fund may, if necessary, bo applied to the said purchase, but that with such exception, uo portion of the fund shall under any pretence whatever be alienated or appropriated to any other object than for the support of the incumbent as aforesaid : provided, however, that in the event of the future division of the parish the endowment fund thus created shall likewise be subject to division, in accordance with the rules and regulations which may from time to time be adopted by the Synod of the Diocese, for the division of parishes and of the endowments thereunto pertaining. I!; XIV.— CLERGY TRUST COMMUTATION FUND. Whereas it is expedient to form a committee for the manage- ' ment of the Clergy Trust Commuiation Fund — 1. Be it enacted that such committee shall be appointed an- nually by the Lord Bishop, consisting of six Clerical and six Lay Representatives of the Synod, who shall make a full report at the annu4 meeting of the Synod. Should any vacancies happen in the said committee, the same shall be supplied by the Lord Bishop. 2. That the duties of the said committee shall be to receive from the Commutation Trust Fund Committee of the Church CANONS OR BY-LAWS. 65 Society of the Diocese of Toronto, such sums of money and inter- est, and real and personal securities for money belonging to and forming part of the Commutation Fund, as shall, upon a division of the same, fall to the share of this Diocese. 3. That they shall administer and dispose of all real and per- sonal securities so received by them, and shall invest, take up, and re-invest in Government or County Municipal Debentures and real securities, all moneys coming into their hands, and all surplus interest and dividends. 4. That the said commiitee shall meet on the first "Wednesday in the months of March, June, September, and December, and at such other times as the chairman shall deem necessary. 5. Tli3 said committee shall have power to appoint all such officers f) om its own body as it shall deem necessary for the effi- cient miinigement of the said fund. 6. Tbat out of the proceeds of the said fund, the committee shall pay quarterly the several stipends of such Clergy of this Dio- cese as commuted with the Provincial Government. 7. That the said committee shall have power to frame wSuch rules and regulations as may be requisite to carry out the provi- sions of this Canon. , an- iay the fcnin jord kceive lurch XV.— THE EPISCOPAL AND GENERAL ENDOWxMENT FUND COMMITTEE. Whereas it is expedient and necessary to form a committee for the management of the Episcopal Trust Fund and the General Endowment Fund — 1. Be it enacted that such committee be appointed annually by the Lord Bishop, consisting of nine members of the Synod, who shall report an accurate and full statement of the financial affairs of the Fund at the annual meeting of the Synod. All vacancies to be supplied by the Lord Bishop. 2. That the duties of the committee, as far as relate to the Episcopal Trust Fund, shall be to administer and dispose of any sum or sums of money, or any security or securities for money, and all real estate and securities which have already, or which ! In m. i'i i i '■t ■ 0A«O«B OB BT-tA^S. • ^ m devised from otty ray , Vreafter U paid, »'«». "^"^^1 ,„ the Ontario Episcopa Ct Fo»d^«>"i to r«e.ve and 'ake ^ ^^ ^^^ f r rtK '^- ; and ^ l^'* t^^tdta, «.uritie., rveUnt and County ">«» J^** i„terc8t and dividends. '%-Sty^^*--?b^^^^^ .^I\nddiU.»dfro»«^^^^^ Qvnnd and as a **""* ^ . +V.P ftrst Thursday in -, That the ^^-.iU« -XrantVeer..er. and at fte months of M«^' ^Snan*aU deem necessary. --re:rtt\au.ve^-:r;rtho Srna::-o'^^tSi';:-tothe.ordBish,pofthe CThat the eommittee shal I',^'"^,^, dividend, and pro- Bloeel hy qnarterl, instalments, the m^r , ^^ ^^^^ ^^^, tl'f tUe rnnd, now — n|^^^^^^^ ,, ,„« he nee^. :;sSyr^:*i-;;Ttr;:rt':r:;:; Ckacrai Endowment If una, aie such fund. ___—-— — > ^ereasitisdesirahieforthoh-rs^^^^^^^^^ "^ ''«^°" *rK:*il^nrrf'missionaries, whether settled or for tlie payment ot the si p „ . , ,f travelling, be it ^^ff,r^.,„, fee established, ^WchB^-^^««"«;^'f; CANONS OR BY-LAWS. 67 Itration tic p^ai^ [tiled or lonsist of bn, to \)0 elected annually by the clergy, and eight lay delegates, to be elected annually by the lay delegates, and four clergymen and four lay del- egates to be annually named by the Bishop, and which committee shall hold office until their successors be appointed and elected. 2. The first committee appointed and elected under this Canon to hold office until the next annual meeting of the Synod. 3. That a fund, to be called the Mission Fund be under their control, to be administered as hereafter provided. 4. That the said Mission Fund do consist of all collections for missionary purposes made in churches or stations throughout the Diocese, and of all subscriptions, donations, and legacies for missiona- ry purposes:, regard being had to the direction of the donor or testator. 5. That the Board of Missions shall, when provided with the necessary funds, and bonds or guarantees, assume the payment of their stipends to the three following classes of missionaries : — (1.) Travelling missionaries, the minimum of whose stipend shall be $600 per annum, with ^100 as an outfit, at the commencement of their duties. (2.) Resident clergymen for whom the parish guarantees to the Board of Missions $400 per annum, shall, in the discretion of the Board, receive $200 if the funds of the Board permit, and in the event of the parish failing to make the stipulated pa^^ment to the Board of IM issious, the Board shall recommend to the Bishop that the clergyman sliall be withdrawn. Clergymen of settled parishes, where the congregation pay or secure to the Mission Board any annual sum for the benefit of the incumbent, shall be entitled to draw that sum from the Board. 6. That two sermons be preached annually, and collections made in every church, chapel, or station in which an established Sunday service is performed ; provided, that in case of stations where Sun- day services cannot be performed more than once in a month, it shall be discretionary with the clergyman having such station to omit the said collection. 7. That the sermons be preached and the collections ruade on the first Sundays in January and July, or not later than two Sundays subsequently, 8. That when a clergyman shall be incapacitated by illness or age from performing duty, the Board shall, in their discretion, :Kt ^ CANONS OR BY-LAWS. • -nn for him out of the funds at their n,ake a suitable provision for him disposal. . , ^^11 elect a chairman and such 9. That the Mission ^oard^^ ^^^ ^^^.^^^ ^ other officers as may ^; — ^^^shall meet at the city of „,ent and working «^^ "j.'f February, May, August and Kingston on ^^^^^'''^^'^tZnm may find it necessary, tliey November, and -^--^ "^the firit day of meeting. shall report at t^- -«;^^/y^;,tns shall have power to make such 10. That the Board of Missions ^^^ ^^^^ ^^^ ^^^,^ rules and regulauons to carrj out necessary. vvn STATISTICS 01' THE CHURCH. In order to ascertain frora 2't„ bo enabled to compare it. of the Ctarch of tM» l^,««;;trt!^3:dse of Us growth and present with Us past po.t.on, and thu^ t , .^ ^^^^ Lrease, it is hereby ordamed a a u„ ^ ^__^.^^^^ j, C,er^ma„ha™,ase^ra^e«eofs „,^ ^^^ p„p„d by the sion shall »™™ally ^"*'"''' ^l''' nt of the number of BajH Executive Co.umittee, "»«'=' *7 Burials, within the same, tisms, Conermations, Mama^' fj^^^ Communieants wi.lun daring the year; of the nurnter o ^^^ Communion the said year; °f *\"™f.tl„! fte said year; of the number ha. been publidy e*^ f, 'ariror Mission ; the number of of Churches within *» f'^'J^'T'' " . the number of Sun- plbUc Services F^Tf 7 Ih tl ""-*' "' '=''"''™" °"' ly and Parochial Schools, w^>ben__^^^__^^^^^j^^j teachers attending the '"f^rT™ Communion Sundays, and the general offertory; the ""^^'^y^^^^^ts expended on Paroch.a at the specW collections; also the amo y contributed l^cts,! for the C>;»«^;~^;t i.ov""*.-^S«r''^ to Church objects, external '» «^°5°y ^^,„ t, ^ briefly con- this Synod. JOURNAL OP THB SYNOD OF ONTARIO. atu9 i its and every Mia- jy the saiiae, vfit\un ^xinioti tiutn^jeT mber of of i^tt^^' ten a«^ tlecicd at |day8, a»t^ PttVOc\iial gcnetally .ricfly con- JottTna\ of MEMBERS OF THE SYNOD. 1861—1862. PARISHES OE MISSIONS. Amherst Island Barricficld Bath Belleville Brockville Camdon East Carleton Place Canying Place Cornwall Fitzroy k Pakenham.. . Franktown I CLERGYMEN. llev.J. Rothwell, A.B. « E. C. Bower, « W.F, S.Harper... « J. Grier, A. M., (Ru- ral Dean) " F. K. Tane, (Ass'nt) « G.W.White.M. A. « E. H.M.Baker.... « H. E.Plees Ven. H.Patton,D.C.L. (Archdnacon of Ottawa) Rev. H. W. Davies, M.A. (Assistant) LAY DELEGATES. C W. Percival, } W. H. Griffin, ( R. Montgomery. £ W. Ferguson, < G. Baxter, ( J. Boyes. S R. Kennedy, M. D. i H. Boyle, C F. Macanany, < E. J. Sisson, ( B. S. Curry. C Hon. G. Crawford, } D. B. O. Ford, ( R. F. Steele. } S. Clark, ) E. Hooper, / J. Coulter. « J.A.Morris, « E. Moms... i Hon. R. C. Wilkins, \ .T. C. Peck. ( Hon. P. Vankoughnet ? S. Y. Chosley, ( J. J. Dickenson, M.D. ( J. Shaw, \ W. P. Taylor, I J.. Baird R. Davies. 70 MEMBERS OF THE SYNOD 11 h i ?! Fredericksburg k Adol- ^^^, „ ^„^^ phustown Gananoque Goulbourn k Huntlej' Hillier k Wellington Kingston— St. Georg(j'8 .... « J. Carroll St. James' . St. Paul's. « J.Godfrey « R.C.Boyer,B,A... Very Rev. G.O'K.St irt I). C. L., (iyea/i 0/ U:i- tario) Eev. A. Stewart, M. A., (Assistant) « T.H.M.Bartlett,M A. {Chaplain to Vit Forces) « H. Mulkin«, {Glmjr lain t> Penitentiary) « R. V. Rogers, M. A (Hural Dean) « J. A. Mulock. Kcmptville Lamb's Pond Lansdown (Roar) . , . , March , Matilda and Edwards- burgh , " J. Harris. " F. Tremayne P. Dorland, J. Scrivins. D. F. Jones, S. Skinner, , R. Hervey. Jlirickville. Marysburgh . Mountain . . . Morrisburgh Xewboro' and Leeds . N'apanee « T.S.Campbell « J. Butler, M. A « E. W. Beavcn, M.A. « T. A. ParncU « T. Stanton, A. B . . « C.Brown " E. J. Boswell, D. C. L. " J. Davidson, M.A. W. Young, G. Jones. ■ J. A. Henderson, (Chfinccllor) T. Kirkpatrick, Q. C. S. Muckleston. W. Shannon, A. O'Loughlin, E. Staccy. T. A.Corbctt, ■ J. Hope, I. Hope. W. H. Bottom, R. Leslie, H. Hurd. W. B. Simpson, J. Reynolds, J. Burn.s. J. L. Schofiold, ( W. Fitzsimmous. Ven. W. B. Lauder, L.L. D. {Archdeacon oj . I (Mario) JJorth Gowcr Rov.G.W.G. Grout, B.A " T. Bousficld Northport Osgoode, Russell, and Cumberland « C.Forest, M.A. J. S. Ross, G. Murdock. W. Kidd, J. Duko, J. Campbell. J.F.B. Mori..-e, E. Vanvlecli, J. Walker. . J. Ridley. ^ T. S. Rubidge, I H. Wcagant. C B. Tett, M. P. P., ^ J. Jacob, ( J. Green, r F. V.Carov, M.D., H\M-<.arier, I E. Si.xsmith. G E.Johnston. f'A.H.Campb'll, J L. Roberts. I J. York, ^ J . Keays. MEMBERS OF THE STNOD. 71 Oenabruck. Ottawa. . . . Pembroke . Perth Rev Picton Portsmouth . Prescott and Maitland Renfrew liichmond . . . , Boslin Smith's Falls. Sydenham . . . Stirling Tronton Tyendinaga . West Hawkcsbury. .R.Garrett J. S.Lauder, M. A. E. Loucks, (Assi'nt) C.P.Emery (Vacant) B. L. Stephenson, M.A. W. Macaulay. F.W.DobbB. R. Lewis, M. A. .. J.J. Bogert, M. A.. (A>isis(a»t.) T. Taylor, M. A . . C B. Pettit, B. A , . W. Fleming, B. A. J. B. Worrell, (Ru- ral Dean) C. Ruttan " J.A.Preston, M. A. « W. Bleasdell, A. M " G.A.Andcrson, B.A " J. G, Armstrong, B.A ; P. P. Harris, J. Dyke, ' G. P. Baker. W. R. F. Berford, ' H. D. Shaw, ' J. Jackson, ■ D. L. Fairfield, ' J. P. Downes, • R. Boyle. J.A.Wilson, » W. Atkins, * J. Hooper. ' A. Jones, W. Ellis, ' B. French, Jr. J. Shannon, J. Elliott. C. Sholl, T. Coppinger. G. E. Bull, H. E. Skinner. J. F. Flindall, W. Shea. J. Portt, ' T, Glaus, ' I). Wilcox. Hon. J. Hamilton, W.H.McCann, M.P.P. J. W. Higginson. i 1 FIRST SESSION— HELD IN KINGSTON. Wednesday, 9th April, 1862. SERVICE IN THE CATHEDRAL. The Synod op the Diocese of Ontario assembled for Divine t^crvioc in the Cathedral Church of St. George, Kingston, at 11 A.M. The following Clergy took part in the Ser>'ices: — The Very Rev. the Dean op Ontario, Ven. W. B. Lauder, L.L.D., Archdeacon of Ontario, A'en. H. Patton, D.C.L., Archdeacon of .OrHNAL or 8YN0P. '8 _ . J B. WoEBELL, Rural Ottava, Bevs. J- ^- -^^ prestoN, M.A., and Cx. a. tI; t a Parnell, J. A. ^^*^ '^ Archdeacon Lauder, Ti ^ The Sermon waspreachedbyV^n-^^ ^^^^ ^^^^,,. BUSINESS MEETINO ^^^^ ^^ „ .^ «, t-s."* »■•" "r -c deacon LaUDER, to call ^ ^ Von Archdeacon of Om^^^'J'' Uev. Messrs. A^^''^^- Ontabi(J»^*^"- Ppv Dr. Boswell, itev. llooEHS,a»^^^'*'' Bartlett, 1>EA^E^, A5 CMinoLL, :::: 1U-. h«-- :» ;ii., r.«n 7.-0=^. «^'i«'b F- Steele; Camden ^<«'' ^%, j„„,, ; Ktaj" »•', Marydmrgh, by J- »• »• ^ M.D-, »»« \°^ , p„,. Wdge •. J^oj"-. ^=' e^Jbell •, nwk, by H. »; ^J 'V,^,,., JOURNAL or SYNOD. 78 ;r, r it ned rch- )ele- )n of Jkier, NDEK- t, Bo- RUOLL, Grovt, UESTON, Davies, Ruttan, ission : — 11. Ken- 1 ; Broclc- Carleton King-fton, 3., and S. Vm,andE. nptvilleM , Keynolds ; T. S. Ru- Sixsmith ; haw, i'res- ,t; Trenton, by J.* K. Flindall ; Tyendinaga, by T. Claus ; Hawkeshury, by Hon, J. Hamilton ; Renfrew, by T. D. Taylor ; Wolft Ltand, by J. F, Charles and G. Malone.^ — 24. DGCLAKATION OF SYNOD. It was then moved by Rev. C. Forest, seconded by Rev. Rural Dean Worrell, and resolved — That we, the Bishop, Clergy, and Lay Delegates now assembled, do hereby declare ourselves the Synod of the Diocese of Ontario. ELECTION OF OFFICERS. On motion of Rev, W, Bleasdell, seconded by the Archdea- con of Ottawa — Rev. T. H. M. Bartlett was elected Clerical Secretary. On motion of W. B. Simpson, seconded by the Chancellor — D. F. Jones was elected Lay Secretary. On motion of the Chancellor, seconded by S. Muckleston — A. H. Campbell was elected Treasurer. On motion of A. O'Louqhlin, seconded by A. H. Campbell — T. Eirkpatrick and S. Muckleston were elected Auditors. INVITATION TO SEATS IN THE SYNOD. On motion of the Archdeacon of Ontario, seconded by the Arch- deacon of Ottawa-»- The following Clergymen were invited to seats in the Synod : — Revs. E. Denroche, A. M. and J. Shortt, D. D., of the Diocese of Toronto, and T. S. Kennedy, Secretary of the Toronto Synod and Church Society, and T. Machin, late of the Diocese of Montreal. On motion of W. B. Simpson, seconded by the Chancellor — C. J. Campbell, Esq., a nbcmber of the Toronto Synod, was invited to a scat ia this Synod. E ' Bil with whatever good motive), they were not authorized hj me. In fact I have grave doubts as to the expediency of our having such a Society. Bearing in mind that our Church ia and must continue for generations to be a Missionary Church, and that therefore all our legislation must be mode subservient to the great object of establishing a Mission Fund, and recommending the same to the 81,000 Church members of the Dio- cese in the way most likely to prove popular and effective — ^with this in view, I think it a very serious question whether we should or should not deviate from the plan hitherto adopted in Canada of leaving to a Church Society the control and management of our missionary funds. It will scarcely be denied that such organizations as Church Societies would never have been thought of had the Church possessed Synodical rights from the beginning in this Province. It was the total absence of any machinery by means of which she could hold and manage her pro- perty in a satisfactory manner that of necessity prompted the idea of a Church Society, which in some degree filled up a blank in our system, and lias accomplished a considerable amount of good. But under our present circumstances the Synod seems to me perfectly competent to l)erform all the executive functions demanded of us, and needs no sup- plementary agent such as a Church Society. The question has been often asked, and seldom I think answered satisfactorily, What, after a time, will be the functions of the Synod ? When organization shall be complete and canons enacted, if the Synod do not managn the funds and temporalities of the Church, what will be its special province? If the Church Society takes the :L>mporalitie8 of the Church into its care, and the Provincial Synod regulate all the important Church movements of a spiritual character, there is little loft for the Diocesan Synod to perform. These views pressed upon mc so strongly that two years ago I seconded a motion in the Toronto Synod which was moved by the Rev. Dr. Pat- ton, " That a petition be presented to the Provincial Parliament for an Act of Incorporation of the Synod." An amendment was moved, " That tlie resolution be referred to a Committee to consider M'hether such moasures cannot be adopted under the Constitutions of the Synod and of tlie Cliurch Society as shall provide for the harmonious working of tlio two bodies without the necessity of an appeal to the Legislature ; and if such measures cannot be adopted, then to apply for an Act of Incorporation if they shall deem it advisable." Under the special cir- t unistnnccs of the then Diocese, I did not think it prudent to press the motion. I was aware that, if the Synod obtained corporate powers, the ( 'Iiurtli Society would gradually become of less and less importance, and finally sink into insignificoncc, while I also felt that many in that Dio- cese were attached to un old institution, and timid as to change. Ac- cordingly the motion wos withdrawn and tne amendment carried, the result of which is the present amalgamation of the two bodies by making I ' 1 THS bishop's address. 77 lof members of the Synod members of the Church Society also, during their year of office, on the payment of one dollar per annum — a privilege, however, of which few delegates have availed themselves. Our position, however, is totally different. We arc here to-day to organize de novo. We have no artificial obstacles nor real difficulties such as the existence of a long established Society presented in the Dio- cese of Toronto. I feel ther, fore great responsibility, but at the same time a strong persuasion that I ought to lay before you some reasons why it seems advisable that we should apply to the Legislature for an Act conferring on this Synod all the corporate rights and privileges possessed by any Church Society incorporated in this Province. And first, I would remind you that from the time Synods were first contem- plated, their incorporation was anticipated also. In the indentures made between the Church Society of ihe Diocese of Toronto and the Clergy wlio commuted their salaries in February, 1855, a clause was inserted to the following effect : — " And in the event of the Synod of the said Diocese being legally invested with corporate powers, so as to be able to carry out the trusts aforesaid, the Church Society shall and will transfer and assign the said commutation money and any securities in ■which the same may be invested, and all interest and proceeds then unappropriated arising therefrom, to the said Synod, by wliatcver corpo- rate name called, upon the same trust and interest." Hence it appears that the Church Society and the commuting Clergy considcrcsd it more satisfactory to all concerned that provision should be made (in case of the Synod receiving corporate powers) that so large an amount of money as the Commutation Fund should be held and managed by the Church through her representatives in Synod, rather than by the Church Society. Again, the expediency of the Synod managing the property of the Church is acknowledged, and the right to do so conferred by the Statute " enabling the Church io meet in Synod" which '^ivcs this Synod a quad incorporation. It is enacted as follows : — " The Bishop, Clergy, and Laity, Members of the United Church of England and Ireland in this Province may meet in their several Dioceses which ore now or hereafter may be constituted in this Province, and in such manner and by such proceedings as they shall adopt, frame constitutions, and make regula- tions for enforcing discipline, &c., and fo^' the convenient and orderly man- agement of the property, affairs, and interests of the Church." Thus you perceive that my suggestion is one which has not been suddenly started, but that, on the contrary, the idea of incorporating the Synod was from the first contemplated, I now proceed to give my reasons for suggesting that we should apply for an Act incorporating the Synod of the Diocese of Ontario. In the first place, we require strong arguments to prove the utility of two organizations, when, to all appearance, one seems altogether sufficient. 78 JOURNAL OF SYNOD. !ii There might be plaugibility in maintaining the utility of the Diocese having two bodies worthing in different ways for the good of the Church, if the two bodies had different fields of labour, or were independent of each other. But a Church Society cannot for the future be independent. It must obey the canons and yield to the expressed wishes of this Synod, for should it disobey, it would lose the confidence of the Church and receive no contributions. Simplicity, therefore, will bo gained, and ex- pense saved by the employment of one well appointed and general ma- chinery. In the second place, it must be remembered that a Church Society is a close corporation, not a representative body. It seems quite unreasonable that all the funds of the Church, including the Commuta- tion Fund, which in our Diocese wiil probably amount to $300,000, shall be coutrolled and managed by a corporation which does not fully represent the Cliuri^h ; the members need not be communicants, their only qualification being election by ballot and the payment of $5 per annum. But the Synod is a faithful and liberal rcpresenttition of the 81,000 Liiy members, and includes all the licensed Clergy. A Church Society, however useful in past times, and for certain purposes, can lay no claim to be a representative of the whole Church, while the misfor- tune is that the Church suffers by any failure of a Church Society to answer public expectations. It is unreasonably supposed that the re- ceipts of the Society arc the receipts of tho Church, because in the opinion of tho public the Church Society and the Cliurch are thought to be identical, an error which might perhaps have been avoided had the name of the Church Aid Society been originally adopted. In the third place, I am not afraid to confess that the Church Society has not answered reasonable expectation in this portion of the former Diocese of Toronto. Tho Society, from whatever cause arising, is not popular in the Diocese of Ontario. In many parishes the very name of Church Society is suppressed, and the annual parochial meetings are called missionary meetings. When we take into account the numbers, wealth and intelligence of the Churchmen of the Diocese, the smallncss of the means contributed to meet the requirements of the Society is unac- countable and disheartening. It is argued that this disinclination to contribute has arisen from discontent with the tendency of such Societies to centralization, by means of which all management rested with a few persons in Toronto. If this be the cause of failure, then I fear the same result in the Diocese of Ontario. Similar jealousy of cen- traliiiation in Kingston will arise, for tho same reason, on the part of distant Missions on the Ottawa. But I cannot altogether att-ibute tho unwillingness to contribute to the Society to centralization. It is easy to find pretexts for non-performance of duty, and Church Society meet- ings largely partake of such ingredi(?nt8. Churchmen in Toronto can- not plead centralizatioa as an excuse, and yet out of the seven parishe* THE bishop's address. m to L'h ijd I in- lof 10 |By et- Ln- in that city four appear, from the last Report, as having remitted nothing from their parochial branches, one ol: them being the Cathedral Parish, probably the largest and wealthiest in British America. Again, the city of Kingston could not have dreaded centralization, as funds subscribed this winter were to be expended in salaries to missionaries in this Dio- cese, and nothing more can be expected from the several parochial branches for another year ; and yet the whole amount paid by the three congregations in this city amounts only to £16, of which £18 was con- tributed by the Clergy. From these facts I argue the unpopularity of a Church Society. Now, the vast missionary work before ns cannot be done unless the whole Church works as a unit. It is too solemn in its greatness to be thrown by us on the precarious charity of isolated parishes, or allowed to be dependent on the popularity or unpopularity of a society. The Church expects every parish to do its duty. W^i need, then, an organi- zation which must command the moral support of every bona fide Church member. The by-laws of a Society bind its members, and its members only ; the canons of the Synod bind c\ ory Church member. Rules directing the mission6,ry work of the Diocese which shall be enacted by the three branches of our Ecclesiastical Legislature, the Bishop, Clergy, and the Rep-esentativcs of our 81,000 m» mbcrs, chal- lenge the obedience of every loyal adherent of the Church of England and Ireland. Any system of missionarj' effort solemnly ratiliod in Synod, is coextensive with thi whole Church. No Cleigyman nor Lay- man, under ordinary circumstances, can escape the rospousibility of dis- obeying Synodical law. I need not say how dif?" i t ar> aspect our organization will assume in the eyes of the Diocec if wj entrust our missionary work, which is our very life, to a voluv.tnry association wiihiH the Church, but itself not tJie Church If, on the other hand, our Synod he itse'f ow Church Society, a,nd elect a Mission Board, and frame by-laws for its etuMent working, those by-la tt: become h'mdhig in f&ro conscientice, and any parish which, without good reason, shall neglect to carry out the spirit of the Church rules here enacted, will bo liable, through its Clergyman and Lay Delegates, to be interrogated aa to the cause of its neglect at every session of the Synod. The only objection of any apparent force which has struck mc as ca- pable of being urged against the incorporation of Synod, is the proba- bility that very many worthy members of the Church who would vish to have something to do with the administration of her aflfaiis, will be unable to do so, election to the Synod not being possible to all who would or could qualify themselves for incorporated membership of a Society by the payment of $5 per annum. To this I reply that the Church Society of the Diocese of Toronto is, by its laws, presented from having more than 300 incorporated members in addition to those nameit iji- JOURNAL OP SYNOD. mentioned in its charter, and I believe that at no period of its existence has the Society had its permitted number of members duly qualified by the payment of their subscriptions. But at the present moment this Synod is composed of fifty-six Clergfymen, and the Lay Delegates of 50 Parishes, thus giving a total of 206 incorporated members should the Synod be incorporated, while the probable increase in the number of our parishes will, in a few years, give us a list of incorporated members greater than that of any Church Society in the Province, with a further advantage, that these members will not be taken from .any particular localities, but fairly distributed over the Diocese. I shall now recapitulate the advantages derivable, in my opinion, from an incorporsited Synod. Firstly — A Church Society will be quite unnecessary, and thus sim- plicity will be gained in the administration of the Church's temporalities, and a saving of expense will be eifectcd in the salaries of Secretaries and in printing. Secondly — The Synod, if incorporated, can manage the funds of the Church as was contemplated by the Synod Act and the Indentures made between the Church Society and the Clergy ; but if unincorporated, a Church Society must manage the funds of the Church, while the Provin- cial Synod will probably legislate for its most important spiritual inter- ests, and thus little or nothing of practical utility be left for the Diocesan Synod to perform. Thirdly — The missionary efforts of the Church will not be left to a voluntary association, but will emanate from the Church herself, which, as a Society, is in Synod fully represented. Fourthly — The Commutation Fund is too large a sum of money to be entrusted to a Society of Church members not necessarily communicants, but it will be paid over to the S;, nod if incorporated. Fifthly — A Church Society has not hitherto succeeded in winning its way. into the aff(;ctions of the Clergy or people so efl'cctually as to war- rant us in establishing one without urgent cause, while there is a strong probability that both Clergy and Laity will feel bound to co-operate with any system of missions authorized by the Syuod. Sixthly — All excuses for withholding aid from a Mission Board consti- tuted l)y Synod, on the score of centralization, will be avoided, as all parishes will be equally represented in the Synod. For these reasons, I venture to recommend that we petition Parlia- ment for an Act of Incorporation similar to that given to any Church Society heretofore in this Province, and that a committee be appointed to draw up such a Bill as wc require, and that the members of the Synod who are also members of the Legislature, be requested to procure its speedy enactment. Supposing such an Act to be obtained, Rules regulating the details THE bishop's address, m Us Itli Iti- lall may be framed differing very little from those which regulate the Church Society. As tlie standing committee of the Church Society is the Mission Board, so the executive committee of Synod can perform the same func- tion. This committee, hitherto nominated by the Bishop, I would sug- gest, should consist of twenty-four members — eight clerical members, to be elected by the Clergy, eight lay members, to be elected by the Laity, and eight to be nominated by the Bishoii — the dignitaries of the Dioceso being ex-olficio members. As tlie Clergyman and Churchwardens form a parochial committee under the Church Society's rules, so the Clergy- men and Lay delegates may form a parochial committee under an incor- porated Synod. Rules admitting associated members and requiring paro- chial meetings and reports may still be maintained, and an Annual Re- port be published by the Secretary embodying the parochial statistical returns ; and when the Synod meets for the pin-pose of legislation, the great annual public meeting may be held when the whjlc Church is present by her representatives, and the cause of missions be specially advocated. As the Synod meets ordinarily but once a year, a greater discretionary power must of course be allowed to the Mission Board than is conceded by a Church Society which meets quarterly; but should necessity require it, the Synod may be called togetlier tw ice a year. This, however, is not a matter of much consequence, as the Synod can lay down by-laws for the direction of the Board and requir*^ a careful and elaborate report at each session. Sub-committees of the Mission Board, or independent committees of Synod, may be elected to administer any special funds or trusts of the Church, such as the Widow's and Orphan's Fund, Divinity Student's Fund, and the Book and Tract Fund. These details I throw out merely as suggestions, and to show that the incorporation of Synod will not change om* aims nor our usual mode of business, but will give point to those aims and vigor to that business rendering the work in hand more popular by making it more directly an emanation from the Church itself. I disclaim all intention of dictation to the Synod, as Avhatcver may be your decision I shall energeticaUy .strive to carry it out most effectively. Accordingly I now leave the matter in your hands, feeling that 1 have conscientiously endeavored to arrive at a right conclusion and relieved myself from responsibility by plainly expressing my convictions. ^ k'b Ited lod its lails P -.BT ir. — DELIVERED OX THE FOLLOWINCl DAY. My regret is exceedingly great that I feel bound to address you on a subject most embarrassing and jminful to myself, but a sense of duty for- bids my evading it. 1 mean the controversy that has arisen regarding Trinity College. I shoxild gladly have avoided the topic did I not know that the interests of our Church University arc of paramount importance, S!LWH|ff^«|B^^S 82 JOURNAL OP SYNOD, B ,1 and that the members of the Church have a right to look to their B'sLop for such explanation as may satisfy their consciences and calm their alarm. There is indeed something melancholy in reflecting on the futil- ity oftentimea of the best iutentioned endeavors to do permanent good. Troubles arise where we least expect them, and certainly Avhen Trinity College was cstttblished amid the congratulations and thanksgivings of "Churchmen, it was scarcely anticipated that within a few years a severe blow should be aimed at the Institution by Churchmen themselves, who would strive to damage its character by arousing party spirit against it.s t'a.,'b)r!g. The Venerable Prelate to whom we owe the existence of Tviiiity Colloge is entitled to our prayerful sympathy in this to him severe t.i .!, but they who know him best will feel assured that he \\ili bear the i>]< > with his usual undaunted firmness, and continue to devote his great jibiHtics to remedying the evil tliat has befallen our University. Not iiL.ity College alone, but the whole Church, has been affected by tlie n < at agitation. Never has a Church enjoyed greater internal harmony { ' an the Church in Canada hitherto. NothiJig marred the poaccful and happy intercourse of the great body of the Clergy. Differences of opin- ion existed, but they were not boastful!^ obtruded, wuch less made a ground of offence. Men imbued with very different views regarding pre- destination have ever be"n in the Church far 1400 years, and the Cana- dian branch contained its share of such men; but no , ractical difficulty had arisen. Indeed there is no reason why trouble on this score should ever arise. Calvinism or anti-Cahinism can certainly Lc always detected in their respective adhcrerns; they tinge more or less men's feelings, and sermons, and tn r. ° "*'°®^- salvat on anrl ].„ i • ""'''-"ed the doctrines nf ,.„^. ,. " "•« do<>-. '^orcJ u„d n return to tl • ^'■'"' I^''''^^-ip'<^ of ' ^^ '^ ? ^'"'"^''- vi'iism r,-acl.L.d if i -7 *'"Pl'«''^^Jon of the CJmt.i '^ ""''■'• ^>"rini. "^- ^ "■""ft™ «.'t i,,--w«. l'< zi u JOURNAL OF SYNOD 'i ' I leyan Methodism arose, and served as a protest against Calvinism ; atten- tion was aroused to examine what was till then lightly esteemed, the Prayer Book of the English Church. Even Wesley commenced his religious life by an effort to illustrate the principles and practices of that book. The Church roused herself to love and to good works. While no ottempt was made to exclude any from the Church on account of their Calvinism, it was argued that all might work together for the good of Christ's Church, feptcially as tho prevalent views concerning God's decrees were admittedly not to influence action ; we were to act as though God had not so decreed the number of the saved or dimned — a strong proof, one would imagine, of tlic improbability of tlio doctrine, since God does nothing in vain. From this rapid review of the debate in the Church respecting the subtle- ties advanced by Calvin, we detect the reason why the Churcli framed its lYth Artie!'-' for the epecial purpose " of avoiding diversity of opinions," and was so far successful at the time, that his Majesty's Declaration informs us tliat " even in thoae curious points in which the present difliculties lie, men of all sorts take the Articles of the Church of England to be for them." WJiilo this is tlic case, and while we can all use the language of the Liturgy respecting our redemption by Christ who made upon tlie Cross, " by His own oblation of Himself once offered, a full, perfect, and sufficient sacrifice , oblation and satisfaction for the sins of the ivhole world" ; so long as we can subscribe to the language of the '2nd Article, that Christ suffered "to bo a sacrifice not only for original guilt, but also for all actual sins of men ;" p.) lony as we all believe that Cln-ist Jesus " came into the world to save sianers," and that tlie word sinners is coextensive with all Inuiian beings ; so long as we are all persuaded of these truths and use the same Formu- laries, it would seen, tliat this well-meant and comprelieusive system of the English Chun li .should secure her members from being charged by each otlier with holding dangerous doctrines regarding election. Human na- ture, however, is not altered. Nothing is more wonderful than our slow- ness in learning toleration. A comparison of our Cliurch with the Ue- formcd Continental Churches will show that ours is tlie only Protestant lleformed Churcii that has made any way since tho Reformation. When Luther died tho Keformation had gained an ascendancy in Europe, to which it has never reached since. The Reformed principles of England's Church, though sometimes under a cloud, have never retrograded, and to- day they stand more exalted than ever. M.iy not this, under God, be attributable to the wise comprehension tlmt distinguishes her ? A great Church cannot have narrow tests. A hapjw characteristic of our Church is the slight interferemH3 with the private opinions of her members ; and liowcver varied may be tliose opinions, it is consolatory to know that men arc never so good or so bad as their opinions, " Who can doubt it ?" says John Wesley, " while there are Calvinis»tx in the world, a.sacrters of abi o- lute predestination ? For who will dare to affirm that none of these arc m nj; ^"^ BISHOP'S ^T. "^ ® ADDRESS. ^vJmt they can J "*^^^' ^o ,vj,at t, ' '"•^«'«tiblo decn-, .7 "" =BS9m JOUBKAL or .VNOD. ^^ • wmation gleaned from "the , ar^c of the CoUoge was »«^°;"^^;;^^^ not dwell, hut laid to the charge of tu ^.^^^^^ ^^^^^ineut 1 shai .^^ ^^^^ Globe" newspaper. On *^ « ,,, leaving ^^P^^^^^fi^given in the pveceed to give y^^^^^J^f ^y confidence in the ^^""-^ "^^^^^^,,3 with ' ^-^ '' r ^nfyTood CJ:.ne to have ^fj^^::^^^...^ ti.t Oollcgs. " ""S "y !;_ . mrfnity College, ana 1 1>» ' ( tuc „»y of the ««f ""'ll^l. Jl"» - -^ThT iS But I found if the teaching of *« ^*^«„,, e^toaced >vonld he """»• k„ue fot -'-^^ r^ no -->"''"'*""'' tr::s°'^ tliosc men hy no lu oidancc of all no\t ii^gtructed «o,er.mindednessa^^^t^^^^^^^^^ iuconsisteucyw^^ ^; J and i-^^^^ ''''^l^J Another con- them, 1 01 couise lem coiidemncd the Uono ^^ ^^^e .^uivc'd strong -^^^^d ^^ "aek fvom gWing too v-^V -^^^^'^^..^^.y .^u- ■lidcratlon which h d me ^ ^^^^ ^^^^ ,^^, ''? r^d api^oved by the ,,,,,ge« laid -f^llXl orders were <^---^^''?tZtl^^^^ ^^^^ ''''''' Eev. H. Giasctt, a b (College. I ncA er lor a examining; Vy the opponents of i"^ ^^^^ ^^^^ '^^^^^'^'T Holy Orders, and yet the B'^PP^^^^^'^^V^^aU.tdwith his candidates f ^oly O , - ^ ^ ^^^ Chaplain was ^^^^^'^^^^, solemn occasion of heuj^ ^^^ ^^,, ,, pvesented them at the mo ^^^^.^ersation to ^^^^ i,.,, The Lot for their ^--^^f^,,^ and the -11^^-;;;^^^^^ i. the fact Pricet duly to ihe honor o ^^^^^ f^, ^^^f-n inspired me with ^^^^-X. tZ^^ ^^^ SSC not apparent ^TTX SS V:^ng ^^-ining^aphun,u..^^^ that the llev. llr. ^^ . ^ ^ ^^^^^^^^ '^"'^71°^ suspicious of the confidence tha e^^-m ^^ ,,,,, ^^^^'^or It he-me my duty inthePivmityStuaenx p^ofesi^oi. u ^^j. truth of the charges agaxu^^^^^ .^^^^^^ ^^^*^ f sup Jied from vost, the proper con St to I ^^ ^^ ^'^''^^^''f'l^ should then ,ound teaching m t^- ^^^^^^^^^^^^^ ^f the Mctropohtan J^ ^^^ ^^,, .. letters of requcsl to the ,,1,0 ^^ould he esa ^^^^ ^^^^ Lave had the ^^^^^/J Ufy ourselves o «^f^^ "^fj,,^ .whether .ve should have ^^^n able to y^^^^^^ . ^^ ^'^"^'A^ ^contradicted animus of their opposxtmn to ^^^^^^^^ ^^^^ ^^^,^ ^ ^e^ ^^^ .^.^^ their witness agreed og^ther, ^^^^^^,,ty of form ^^^^ V others, -bo,for^mng a. they .^ ^ „^^,, ^tstCl^^titution. Students, have come ^^^^'^ J^^^^,, the charges «f «^;\7,,e prevent tueir Big-^^turesdemed *Tn a P^^^^ ^^ ^-^^^^^^ 1 w nt to the meet- 1 therefore acted ^^^^^^^J " ^^ ^, he proved so. 1 ^v^nt ,uy considering a man guUty THE bishop's address 87 I r l3 id e- itt- l\ic itu- tlic [iM duvo d yet )tand fice of Tbe lie feet [ipavei^t of the [i>' duty V rise and' ed tvow Here tl\ePr«i- L for «o- je case hy ,u\d tlieu on oatU : [y aiid the Uttadicted jt Divinity y^ and over ikstittttion. >er prevent to tUe meet- 'ng of the Coi\acil of Trinity College, held last February, for the purpose of taking the whole question into consideration, with my mind made up to no course but that of urging n fair and critical investigation into the charges against Provost Whitaker. The Lord Bishop of Huron moved a resolution which in my mind Avould have had the effect of condemning the Provo^ unheard. The Chief Justice of Upper Canada moved in amendment to *.he effect that we refrain from condemning the Provost till we had the charges in writing. I seconded the amendment, which was carried by the votes of all the members of the C' xcept the members from Huron Diocese and that of the Rev. Mr ti. During the conversation that ensued on the motion before the 1 , t ", Lord Bishop of Huron openly and manfully declared that liarge the Provost with having taught anything heretical noi m trary to the doctrines of the United Church of England and Ireland, but ho did charge him with teaching doctrines dangerous in the extreme. On this admission the Council felt more tlian ever convinced of tlie propriety of acting with great caution, and refraining from condemning tl»e Pro- vost without formal trial. It was finally arranged that the charges against the Provost should be put in writing and submitted to him for inspection and reply, and the feeling of the Council, which I share, is in favor of submitting both charges and reply to the Metropolitan of Cana- da, who should associate witli himself the Bishops of British North America, exclusive of Upper Canada, and that the decision of these arbi- trators be final. I regret to say tliat the proposal to submit tlie question to such arbitration was not favorably received by the members from Huron Diocese, who refused to abide by such an award. This seems to me the more unreasonable, because the Lord Bishop of Huron once i)ro- posed to submit the whole case to the Lord Bishop of Ilupert's Land for his decision, and also because the Council of Trinity College, composed largely of Laymen, would naturally feel incompetent to decide so nice and intricate a point as would be involved in the examination into doc- trines dangerous in the extreme, yet not heretical or contrary to the doc- trines of the Church of England. I have now laid before you the state in which this unfortunate agita- tion rests, and assure this Synod that I shall watch over the teaching of Trinity College and its other interests as carefully as is possible. I was brought up in a theological school which gave no uncertain sound re- garding Bomanism, yet I was not taught the theory of a Cliurchmanship exclusively Calvinistical ; on the contrary, in Trinity College, Dublin, one of the text books is the work of Archbishop Lawrence, i)roving the Articles of the Church of England non-Calvinistical ; and I may add that the text Ixk>Iv8 of Trinity College, Toronto, arc used in Trinity Col- lege, Dublin. I am as jealous as is possible for me to be for the sound teaching of our youth~for their receiving such an education as will help i ^, IMAGE EVALUATION TEST TARGET (MT-3) * %0 1.0 I.I l££|28 |50 "^ 1^ y£ 1^ 1^ !!f y^ ■^ 140 US ■■■ 1^ 1^ l- u MUu iiS- 1.25 jU ^ < 6" — ► i? / /i '^' Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. MS80 (716) 873-4303 ,fir'Jii 88 JOURNAL OP SYNOD. them to resist Romanism in all its varied guises, but I affirm that I have been unable to detect in the teaching of Trinity College' any tendency towards such error. I believe the Provost of the College to be a well- learncd and pious man, who desires to train up the youth under his care in the old fashioned tenets of our standard Divines, who wishes to show the exact points of difference between the Churches of Rome and Eng- land, not so much in his own poiiit of view as in that from which they were viewed by those to whom we owe the existence of our reformed faith, the martyrs and confessors of England's Church. I shall say no more, lest I seem to pre-judge a case which still may require a judicial decision, but I cannot conclude without expressing my belief that the Provost has not had such fair treatment as the teacher of any common school might justly claim from a Board of Trustees, that of " having his accusers face to face." The accusations, so far as they have appeared in print, arc perhaps familiar to you. I shall not comment on them further than to say that the point in those accusations depends on the meaning attached by different persons to the same words, and that in the absence of satisfactory evidence to the contrary, I am bound as a Christian gen- tleman to believe the Provost, who totally repudiates the errors attri- buted to him. Accordingly, I feel satisfied that I have taken a correct course, and am fortified in my conviction when I find myself voting with Chief Justice Bobinson, Hon. J. H. Cameron, and Justice Hagarty, on a simple question of eqiiitable treatment ; and no mere clamor shall make me waver in the belief that the true way of strengthening our Protestantism is to strengthen our Church of England principles, which I believe are honestly and truly held by those gentlemen who sit in the Council of Trinity College. NOTICES OF MOTION. The following notices of motion were given : — By the Archdeacon of Ottawa — For Committee to draft a Bill for the Incorporation of Synod. By Rev. W. Bleasdell — On Diocesan Registry of Marriages. By Rev. W. Bleasdell — For Committee on Assessment of Parishes. By A. J. O'LouGHLiN- — For committee to draw up an Address to the Queen. By the Archdeacon of Ottawa — A Canon on Erection, d'c, of Parsonages. By the Archdeacon of Ottawa — A Canon on Endoicmcnt of Parishes. h. ' JOURNAL OP SYNOD. 89 L I e n. M U er ig ce sn- ;ri- ect ing rty, tiall our lich the ft a ages. It of ess to I'C, of :nt of By Rev. Rural Dean Rogers — For Committee on Lord's Day Observance. /- By Rev. J. S. Lauder — On Meeting of the Synod at Ottawa. By Rev. J. G. Armstrong — For Committee on Increase of Divinity Students. By Rev. C. P. Emery — For Committee on Btiilding Churches. By Rev. C. Forest — For Committee on The Commutation Fund. ,. t, By Rev. C. Forest — For Committee on the Stipends of Mis- sionaries. APPOINTMENT OF COMMITTEE. The Bishop was pleased at once to nominate the following com- mittee for the purpose of drawing up an Address to the Queen : — A. J. O'LouGHLiN, W. B. Simpson, A. H. Campbell, and the Lay Secretary. address from Synod of Toronto. A deputation from the Synod of the Diocese of Toronto, con- sisting of Rev. Dr. Shortt, Rev. E. Denroche, M.A., and C. J. Campbell, Esq., presented the following address to the Bishop. It was read by the Rev. E. Denaoohe, the Synod rising and re- maining -standing : — To the Rigid Reverend Father in God, John Trovers, by Divine Permission, Lm-d Bishop of Ontario. May it please your Lordship : We, the Bishop, Clergy, and Lay Delegates of the Synod of the Dio- cese of Toronto, desire to convey to your Lordship, on occasion of your separation from us, by your consecration as Bishop of a newly constituted Diocese, the assurance of our brotherly affection and Christian sym- pathy. The separation of the Western and Eastern portions of the original Diocese of Toronto has been so long contemplated and so anxiously de- sired, that we can recognize in its accomplishment only a cause for deep thankfulness to Almighty God who has permitted us to witness the ful- filment of a design which we are assured is for His glory and the good of his Church. Yet does his Providence often remind us that changes in themselves most desirable and beneficial, cannot but involve minor sacrifices, nor be effected save at the cost of individual feeling ; and wo must long 90 JOURNAL OF STNOD. I \ regret as one result of the recent division, separation from yourself and from many other valued friends among the Clergy and Laity of your Diocese, to whose wise counsels and strenuous exertions we have been so largely indebted in past years. We rejoice, however, to know that they who laboured so sealously and BO successfully in concert with us, will labour no less diligently and efficiently in their new position ; and especially that in the high offico to which it has pleased Almighty God to advance yourself, you are in. vested with special powers of doing good, and furnished with invaluable opportunities of giving increased vigour and consistency to the efforts of others. It will be our constant and earnest prayer to r^tir Heavenly Father that He would pour the riches of His grace upon your Lordship, the Clergy of your Diocese, and the people under you committed to their charge ; and that He would grant you, if it be His gracious will, to wit. ness through long years to come, the blessed fruits of a life devoted to His service. Signed on behalf of the Synod, JOHN TORONTO. THOMAS SMITH KENNEDY, H Clerical Secretary. JAMES BOVELL, Lay Secretary. Toronto, April 8th, 1862. ■.. His Lordship briefly replied to the Address thus presented, ^promising a formal reply at an early opportunity. Thet Synod adjourned at 5 p.m., the Bishop hpving first pro- nounced the>Benediction. Evening Prayer was said in the Cathedral at 6 p.m. SECOND DAY. Thursday, 10th April, 1862. The Spod assembled for Morning Prayer in the Cathedral at 9:30 A.M., after which it proceeded to the Court House for the transaction of business. The Yen. Archdeacon of Ontario opened the proceedings with prayer. The Minutes of the proceedings of the previous day were read by the Lay Secretary. JOUBNAL OF STNOD. ^ APPOINTMENT OP COMMITTEE. The Bishop named the following as a Committee on Auas- ments : — T. Eibkpatbiok, E. J. SissoN, the Treasurer, and the Lay Secretary. ;u <}? . REPORT of COMMITTEE. -- . •■ The Chancellor, seconded by T. Kirkpatrick, moved the 94 JOURNAL OF 8TN0D. I ! ! i I I adoption of the Report of the Committee on Canons, &o.; which resolution heing carried with sundry amendments, the Canons, as adopted, became the law for the present guidance of the Synod. CONSIDERATION OF MOTIONS. Regiatry of Marriages. Rev. W. Bleasdell moved — That the Bishop be requested to take into consideration the establish- ment of a Diocesan Begistry, for the registration of marriages solemnized in this Diocese. Which resolution, on explanation from the Bishop, was with- drawn. Seal of Diocese. The Chancellor moved, seconded by the Archdeacon of Ottawa — Whereas it is necessary that the Diocese of Ontario should have a Seal for the purpose of sealing and authenticating documents and papers : Be it therefore resolved, that the Bishop do appoint a committee to design such seal. Carried. The Bishop named the following committee : — The Chancellor, T, K1RKPA.TEICK, andthe Treasurer. Building of Parsonages, The Archdeacon pf Ottawa moved, seconded by Rev. Rural Dean Rogers — ' ' That the Canon on the Building and Repairs of Parsonages, adopted in June, 1861, by the Synod of Toronto, be now adopted by this Synod. Carried, Parochial Endowments. The Archdeacon of Ottawa moved, seconded by W. B. Simpson — That the Canon on Parochial Endowments, adopted in June, 1861, by the Synod of Toronto, be now adopted by this Synod. Carried. Synod at Ottawa. Rev. J. S. Lauder moved, seconded by Hon. J. Hamilton — That his Lordship be respectfully requested to call the next meeting of the Synod of Ontario at Ottawa. This motion was not put to the vote, the Bishop being pleased to accede immediately to the request. ' . The motion of the Rev. J. G. Armstrong, for a committee on the increase of Divinity Students, was deferred till next session^ as II JOURNAL OF SYNOD. 95 also that of the Bev. C. P. Emert, for a committee on Building Churchei. The Rev. C. Forest, having obtained leave, withdrew his mo- tion for a committee to investigate the state of the Commutation Fund. Stipends of Missionaries. Rev. G. Forest moved, seconded by Rev. Rnral Dean Wor- rell — ■■" ■■ '■"'' ■'■' ■ ,, •■ . ^., ■ . . .? - That his Lordship be requested to appoint a committee to enquire into and report whether some change for the better cannot be made in the mode of guarantee for the payment of that portion of Missionaries' salaries pledged to them by their respective congregations. Carried. The Bishop named the following committee : — Rev. Rural Dean Worrell, Rev. C. Forest, and R. F. Steele. See House. W. Ellis moved, seconded by E. J. Sisson — That his Lordship the Bishop be respectfully requested to appoint a committee to report at the next meeting of Synod the most judicious means to be used for securing the erection or purchase of a See House, for the Bishop of this Diocese, at the earliest convenient period. Carried. The Bishop named the following committee : — The Chancellor, W. Ellis, T. Kirkpatrick, E.J. Sisson, and the Lay Secretary. Delegates to Provincial Synod. R. F. Steele moved, seconded by Rev. E. W. Beaven — That the Delegates to the Provincial Synod heretofore appointed be conHrmcd in their appointment, and hold office until the next meeting of the Synod, and that any vacancy in the number be filled by his Lord- ship the Bishop. Carried. REPORT OF COMMITTEE. Synod Assessm^ent. The Report of the Committee on Assessments was received and adopted. (See Appendix B.) appointment of committbe. The Bishop appointed the following as the Executive Committee of the Synod: — JOURNAL OP SYNOD. The Archdeacon of Ontario, The Archdeacon of Ottawa, Rev. Dr. Boswell, " Rural Dean Grier, " Rural Dean Rogers, '' Rural Dean Worrell, " J. G. Arsistrong, E. H. 31. Baker, W. Bleasdell, J. S. Lauder, . * . S. A. MuLocK, ; ). R. L. Stephenson, The Clerical Secretary, , The Chancellor, G. P. Baker, Sheriff Corbett, W. Ellis, : , Hon. J. Hamilton, J. Hope, T. KiRKPATRICK, S. Muckleston, H. D. Shaw, W. B. Sdipson, E. J. SiSSON, R. F. Steele, The Lay Secretary. CONSIDERATION OF MOTIONS. Bicentenary of the Prayer Booh. Rev. H. Mulkins moved, seconded by A, J. O'Loughlin — That the Lord Bishop of the Diocese be requested to name a committee to make an-aiigements for the duo celebration in the Diocese of Ontario of the 24tli day of August next, as the Bicentenary of the completion of the Book of Common Prayer ; that this event be celebrated by public meetings in the towns or parishes on that day ; and that collections bo taken up at all those meetings, to be applied, under the direction of the Synod, to the formation of a Prayer Book Fund for the Diocese. Carried. The Bishop named the following Committee : — Rev. H. Mul- kins, A. J. O'Loughlin, the Clerical and Lay Secretaries. Trinity College. . Rev. Dr. Boswell moved, seconded by Rev. H. Mulkins — That with reference to that portion of his Lordship's Address which relates to Trinity College, this Synod desires to express its concurrence in the views therein enunciated, and its confidence that under the wise administration of the three Bishops of Toronto, Huron, and Ontario, and the Council of the said College, it will continue to prove in its teaching a faithful exponent of the doctrines of the United Church of England and Ireland. The following amendments were moved : — By Rev. Rural Dean Rogers, seconded by Rev. F. W. Dobbs— (1.) Declaring that, the question being sub j'udice, it is inexpedient to take action. JOURNAL OP SYNOD. 97 By Kcv. J. A. Morris, seconded by the Treasurer — (2.) Declaring the inexpediency of deciding the question, for want of full information. By Mr. A. J. O'Loughlin, seconded by Mr. Jas. Shannon — (3.) Expressing confidence in the bishop, hut declaring it inexpedient to express any opinion on the teaching of Trinity College, All these amendments were lost. * The original motion was carried on the following division : — Clergy. Laity. Yeas 33 Nays 5 Yeas 12 Nays 6 The Synod adjourned at 11:30 P. M., the Bishop having first pronounced the Benediction. THIRD DAY. Friday, llth April, 18G2. The Synod assembled for Morning Prayer in the Cathedral, at 9:30 A. M., after which it proceeded to the Court House for the transaction of business. , The Archdeacon of Ontario opened the proceedings with prayei*. The minutes of the proceedings of the previous day were read by the Lay Secretary, who also informed the Synod that the Rev. E. W. Beaven had been appointed Assistant Secretary. ' ,, COHRESPOXDENCE. The Lay Secretary read an apology from the Clerical Secretary for his absence from the meeting on account of sickness. KEPOBTS OF COMMITTEES, On the Obsei'vance of the Lord's Day. Rev. Rural Dean Rogers read the draft of a Petition to the Legislature, for the better observance of the Lord's Day, and moved, seconded by Rev. F. W. DoBBS — That the Report be adopcd, and that His Lordship be requested to sign the Petition on behalf of this Synod ; and that the Secretary do for- ward tlie same to Hon. J. Patton, M.L.C., and Lt.-Col. Haultain, M.P.P., to present to their respective Branches of the Legislature, with the ex- pressed hope that each will support the prayer of the Petition. Carried. 98 JOURNAL OF SYNOD. 11 Incorporation of Synod. The Report of the Committee appointed to frame the draft of a Bill, to be submitted to the Legislature, for the Incorporation of the Synod of Ontario^ was read by the Archdeacon of Ottawa ; and on his motion, seconded by the Rev. W. Blzasdell, it was adopted. Diocesan Seal. The Report of the Committee to design a Seal for the Diocese was read by the Chancellor, and adopted as follows : The Coml^ittee to whom was referred the devising a Seal for the Dio- cese of Ontario beg leave to recommend the accompanying design, whicii hears a symbolical reference to the See and to the Cathedral Cliurch in which the Bishop was consecrated, subject, however, to such alteration as the Lord Bishop, while in England, may see fit to make in canying out the design. JAS. A. HENDERSON, ,,; .". . J. ■<•- .:"! ;. ", rl', -• . "} - -. I, .',! .|V>jtu' JOURNAL '.i. ■ ; . ^' OF TBI SYNOD OF ONTARIO. SPECIAL SESSION— HELD IN OTTAWA. MEMBERS OF THE SYNOD— 1862-1863. PARISHES OR MISSIONS. Amherst Island. Arnprior . . Barriefield . Bath. Belleville . Brockville. CLERGYMEN. Rev.J. Rothwcll, A.B. " T. Boiisfield " E.G. Bower Camden East. Carlcton Place . Carrying Place. Cornwall « W. F.S.Harper... " J.Grier,A.M.,(^«- ral Dean) " S Jones, (Assiitfnt) Vcn.W.B.Lauder,LL.D. Archdeacon of Ontario. Rev. F. R. Tane, (^ssV) « O. W. White, M. A « E. H.M.Baker.... « H.E.Plees Ven, H. Patton, D. C. L. (Arch(kacon of Ottaioa) Rev. H. W. Davies, M.A. {Assivtani) LAY DELEGATES. W. H. Griffin, W. Percival, R, Montgomery. — Atkinson. J. Butler. 5 F. R. Lucas, I J. Wilmot. ( H. Boyle, < R. Kennedy, M. D. f .1. Rose. C F. Macanany, < E. J. Sisson, ( W. Hope, M. D. ( Hon. G. Crawford, < R. Steele, ( J. Hargrave. C W. Lewin, • < R. Osborne, ( G. B. Kirkpiatrick. C .T. Sumner, < J. Rosamond, ( A. Code. c Hon. R. C. Wilkins, \ .1. Dench, I S. Flindall. ( His Hon .Judge Jarvis I 8. Y. Chesley, r J. N. Dixon. 101 MEMBERS OF THT. .rr ' THE SFNOD. " KJ-Baird ^ranktown.. P^- ?• Taylor " E.Mom-8. i-f-May, ^ ^Pht^^-^^^^W a..gdl! «• Harding, |Jt5°PP«'", t^ananoque. . f | ^ '^^ Borland I " J Carroll " *^- G- Ai-mstrong, I i ?'^»- J- Hamilton, Kingston— ' •^••nG.Joneg^ *" 11 P-W. Loosemorc, I " •p n {Curate)] " r|^S2a;^'i/^-^-Henderson, H; MuJkins, c^;;: ^ S- Muckleston.' ^' ^■ St. James',.. " R t' p I,,., *• ^ • ^ofi^ers, M. A.I ( f • Shannon, St. Paul's.. „ C i.Nash. ' J- A. Mulock. . . \S^n.^^l', Ti- • • • I < ^ • A. Corbett ■Kemptville. ('^•Shannon ' -- "•'•^-'•^ K;Sr'"' " T.B.Jones, M.A..p"-«"'-^-' " *'• ^'•^'»«yne ^K^'"'^' I-aasdown rRear^ f "^^ Burns.' ^ *'^ " C. T. Denroche J ^^- ^'^^'h Maitland I ^ ''® • • • • j M. Moor, " K. Lewis, Ma ' ?• ^""een. Kitley I-amb's Pond rvey. MarcJ / " J- Butler M A I f ^^- H. M««Wa and Ed.vards " jfJ-Gree";;;' burgh "Wards- « „ / J. VonnghusbanW t MiriekviJl. ^ „ ^•^'•Beaven,M.A.lH. H. Rof «, "^' J'"- fiSd" .* ^"H "TAP l/cof^'r''^- 1 ^•^•^«''^eli 5S?\«i,Burritt, O '(J. Duke.' ,M III 1% \ m i: i *i liii! 102 Marysbiirgh Mountain Morrisburgh Newboro' and Leeds . . . Xapancc North Gower , Nortbport Osgoode, BuRRcll, and Cumberland Osnabruck Ottawa JOURNAL OP SYNOD. Rev. T. Stanton, B. A.. " E. Loucks. « J.J.Bogert,M.A.. « G.W.O.Grout,B.A. « H.C.E.Costclle « C.Forest, M.A. , " R.Garrett. I • • • • • " J. S. Lander, M. A " C.P.Emery,(^si'0 Pombroke ' " W.Hcndcrson,^LA , , i " R. L. Stephenson, ^'"'^ I M.A. Picton ; " W. Macaulay . . . Portsmouth I " F. W. Dobbs i ' E.J.Boswell, D.C.L. Prescott . . Renfrew . . , Richmond. Roslin " T. Taylor, M. A . , '< C.B. Pettit,B.A. " W. Fleming, M.A Smith's Falls. " J. B Woireli, (/?„- , ral IMm) Sopliiasburg ■ Sydenham i " P. Tociiuo Stirling i " J. A. Preston, II. A . J. P. Crysler, T.S.Rubidge, ' J. Ardagh. ( C. Mc ^J. F. D. M( C. McGrcer, Bartels, McGreer. J. Craig, ' W. Vaughan, ' W. Collins. C J. York, < J. Keays, ( L. Jackson. ( J. W. Baker, -' W. H. Baker, ( M. Ross. ( P. P. Harris, ; G. P. Baker, ( J. Fitzgibbon. C H. D. Shaw, I W. K. F. Burford, f T. Stedman. A. H. Campbell, W. Atkins, J. Hooper, His, jnch. \ W. Ellis, i B. Frer ( W. Butler, < N. Garland, ( J. Dawson. C D. Fitchette, < G. Sherry, (J.Elliott. ( W. H. Jarvis, ■j W. H. Burritt, M.D. ( Hon. J. Shaw. Trenton Tycndinaga . . Wolfe Island. ■ W. Bleasdell, M A. (^Chaplain to lidliishop) « G.A.Anderson, B.A " H.Sharpc ( W. Baker, } G. E. Bull, ( S. Johns. ( W. Shea, 3 J. F. Fliudall, \ R. Francis. ( J. Portt, ; T. Claus, ( A. L. Roberts , i J. F. Charles, - J. BuUis, ( J. Montgomery. 11 JOURNAL iYNOD. 103 NOTICES OF MOTION GIVEN DURING THE FIRST SESSION, OR SENT IN TO THE SECRETARIES BEFORE THE SPECIAL SESSION.^ Rev. C. P Emery. — 1. That the Bishop be respectfully re- quested to appoiat an Architect for the Diocese, to whom all plana for the erection or alteration of, or the addition to Churches, shall be submitted. 2. That a committee of two Clergymen and two Laymen be ap- pointed to constitute and to be termed " The Diocesan Board fctr the erection of Churches," to which board plans and proposal&, after being approved by the Bishop and the Architect, shall be submit- ted, and by which board grants in aid of the erection or alteration or enlargement of Churches shall be made. D. Ford Jones. — In amendment to Title 3, Section 18, of the Rules, Constitution, et cetera, of this Diocese, viz : — To add the words, " and when recjuired by a majority of either Clergy or Lay Delegates, the names of the Clergy and Parishes voting on both sides of the question shall also be recorded." Rev. T. BousFiELD. — That this Synod cannot but express its strong objection to the sale of the Rectory Lands. Rev. C. Forest. — For amendments and additions to the Con- stitutions, Rules of Proceedings, and of Order, special reference being had in the Constitution to Articles 1, 12, 14, 15, 18 ; in the Order of Proceedings, to Articles 1, 3, 4, 12 ; in Section on Elec- tion of Bishops, to Section 1 . Rev. E. W. Beaven. — That, with the consent of the Bishop, the Synod do authorize the Incumbent and Churchwardens of St. Paul's Church, Edwardsburg, to sell and transfer to the Depart- ment of Public Works the title to the possession of a certain piece of land which has been appropriated to the public use in the con- struction of the St. Lawrence canals, and to receive for use in the Parish the amount paid by the Department in compensation for the same. Rev. J. A. MiiLOCK. — That his Lordship the Bishop be re- quested to provide the Diocese with some appropriate collection of Psuhns and Hymns, and with a Tune-book, for use in public worship. \ 104 JOURNAL OP SYNOD. Rev. W. Bleasdell. — 1. That the Lord Bishop of this Diocese be respectfully requested to appoint a committee to decide and re- port forthwith to this Synod such measures as may be necessary, in order to meet the Missionary and other purposes of the Diocese, carried out formerly by the Church Society of the Diocese of Toronto. 2. That during the life or incumbency of the Right Rev. J. T. Lewis, Lord Bishop of Ontario, the appointment to all Rectories Vrithin his Diocese be vested in the aforesaid Eight Rev. J. T. Lewis ; and that such appointments to Rectories as have been made in this Diocese, since the session of this Synod in April last, be hereby confirmed. 3.' That, in consideration of the interests of the Parish of St. George, Kingston, and of this Diocese, the Lord Bishop of Ontario be hereby requested to present himself to the Rectory of St. George's, Kingston, aforesaid ; that his Lordship be further requested to ap- propriate to his own use, from the income of the aforesaid Rectory, such a sum as will raise his Lordship's official income to $4,000 (£1,000 cy.) per annum, and to apply the residue of the Rectorial income to the maintenance of Assistant Ministers or other Clergy- men in the Cathedral Church and Parish of St. George, and, so far as may be possible, to the assistance of the Churches of St. Paul and St. James, Kingston. J. Shannon. — That their late Majesties King George the 4th and William the 4th granted certain lands in the City and Town- ship of Kingston, in the County of Frontenac, and Township of Ernestown, in the County of Lennox and Addington, for the use and benefit of the parishioners of the Township of Kingston. That at the time of said grant being made, St. George's Church was the only Episcopalian Church in the said Township of King- ston ; but by the Letters Patent granting said Endowment, the right of thereafter erecting and constituting one or more Parson- ages or Rectories within the said Township of Kingston was ex- pressly reserved to the Crown. That the Churches of St. Paul and St. James have since been erected in the said city, and have each received from the late Rec- tor a portion of their sustentation in consideration of the claim they had upon said Endowmentt JOURNAL OF SYNOD. 105 That there is now a vacancy in the Rectory of St. George's, and it is expedient that such Endowment be divided proportionately between the Churches having an equitable claim upon the same, in order that the benevolent intentions of the Koyal donors may be carried into effect. That his Lordship the Bishop of Ontario be requested to name a committee to make such a division upon an equitable basis— said committee to report during the present meeting of the Synod, Wednesday, 5th Nov., 1862. SERVICE IN CHRIST CHURCH. The Synod op the Diocese op Ontario assembled for Divine Service in Christ Church, Ottawa, at 11 a.m. The following Clergy took part in the Services, which were conducted chorally to the end of the Litany : — The Ven. the Archdeacons of Ottawa and Ontario ; Revs. E. Denroche, A.M., T. B. Jones, A.M., R. L. Stephenson, M.A., and E. H. Massey Baker. The Sermon, from 1 Tim., iv., 16, was preached by the Rev. E. J. BosWELL, D.C.L., and the Holy Communion was celebrated by the Lord Bishop. The collection for the Mission Fund amounted to $31.95. BUSINESS MEETING. The Synod then adjourned till half-past three, at which hour it re-assembled in the Chapel of Ease, Sussex Street. The Roll of the Clergy and Lay Delegates was called over by the Secretaries. The following Clei-gy were present during the session : — Ven. Archdeacon of Ottawa, Ven. Archdeacon of Ontario, Rev. Rural Deans Griek and Worrell, Rev. Dr. Boswell, Rev. Messrs. Anderson, Armstrong, Baker, Bartlett, Beaven, Bleasdell, Bogert, Bousfield, Bovek, Butler, Carroll, Da- vies, Denroche E., Denroche C. T., Dobbs, Emery, Fleming, Forest, Garrett, Godfrey, Harding, Harris, Jones T. B., Lauder, Lewis, Loosemore, Morris E., MoivRIs J. A., Mul- KTNs, Mulock, Parnell, Pettit, Plees, Preston, Sharps, Stav- ton, Stephenson, Tank, Taylor, and White. — 45. Illl i 106 JOURNAL OP SYN01>. I! I The following Parishes were represented during the session : — Amherst Islund, by W. Percival ; Barriefield, by F. R. Lucas ; Belleville, by F. Macanany and E. Sisson ; BrocJeville, by Hon. G. Crawford and J. Hargrave ; Camden East, by W. Lewin and G. B. Kirkpatrick; Carleton Place, by J. Rosamond and A. Code ; Cornwall, by Judge Jarvis and S. Y. Chesley ; Fitzroy and- Pakenham, by J. Shaw ; Franktoicn, by J. Dyke and G. Kidd ; Gananoque, by S. Skinner and D. F. Jones ; Goulhourn and Huntley, by T. Mordy ; Hawkcshury, by Hon. J. Hamilton and F. V. Carey, M. D. ; Kingston, St. George's, by J. A. Hen- derson, T. Kirkpatrick, and S. Muckleston ; St. Jamcs\ by W. Shannon and A. J. O'Loughlin ; St. Paid's, by J. Hope, Sheriff Corbett, and J. Shannon ; Kemptville, by W. H. Bottom ; LamVs Pond, by W. B. Simpson and R. Davis; Lansdowne Rear, by M. Moor ; Maitland, by R. Hervey ; March, by W. H. Berry and R. Y. Green ; Metcalfe and Osgoode, by L. Jackson ; Mirickvillc and Burritfs Rapids, by Col. H. Burritt and ; Morris- hnrgh, by T. S. Rubidge and J. Ardagli ; Napanee, by C. Mc- Greer ; North Gower, by W. Vaughan ; Ottawa, by P. P. Harris and G. P. Baker ; Perth, by H. D. Shaw ; Portsmouth, by W. Atkins ; Prescott, by W. Ellis ; Richmond, by W. Butler ; Roslin, by D. Fichette ; Smith's Falls, by W. H. Jarvis and Hon. J. Shaw ; Tyendinaga, by W. Portt and T. Claus. — 33. The Lord Bishop then addressed the Synod as follows : — ADDRESS OF THE BISHOP. Reverend Brethren and Brethren of the Laity : According to the intention expressed at the last Synod we have as- sembled together in consequence of the Act incorporating the Synod of this Diocese having received the Eoyal assent, that we may now fully organize and complete the details necessary for the carrying out, by the machinery of Committees of Synod, the various objects hitherto devolving on the Church Society of Toronto. The best course for us to adopt, seems to me, to be the appointing of a Committee, to report during this present Session, a system of rules by which Parochial Committees may be formed, consisting of the Clergyman, Lay Delegates, and Churchwar- dens, in communication with the Executive Committee of the Synod, and entrusted with the work of collecting subscriptions, preparing for Annual Parochial Missionary Meetings, and with power to associate with themselves such zealous parishioners as may wish to aid in this good cause. JOURNAL OP SYNOD. 107 J. I recommend that there be, also, a Committee of Synod, to be called The Mission Board of the Diocese, and that it consist of 12 Clergymen and 12 Laymen, with the Bishop as Chairman ; and I shall endeavour tc» select the members as fairly as possible, so as to represent each former district of the Church Society ; or, should it appear to the Synod a wiser course, the Clergy may elect eight members of such Board, and the Laity eight ; while the Bisliop nominates the remainder. On the efficiency of this Board will the prosperity of the Church, in a great degree, depend. We have, at present, 14 Missionaries, who look to this Committee for their annual grant of $200 ; while several Missionary Stations are now vacant, which cannot be filled up till we are in a position to aid them with a similar grant. On the 7th of last May, I sailed for England, in order to make applica- tion, in person, to the two great Church Societies, which have hitherto fostered the Coloni.al Church, for such aid as they could afford to givt; the new Diocese of Ontario. On arriving in England, I found that tlit; period when the S. P. G. makes its annual grants had passed, so that my prospect of receiving assistance this year was at first very slight ; but I remained in London, and on the next Monthly Meeting of the Standing Committee I made my statement at some length. The Committee finally recommended that a grant of £500 stg. be made to me for Mis- sionary purposes for three years. At the following meeting of the So- ciety there was a strong wish expressed to raise tlie grant to £150 per annum, and it Avas referred back to the Standing Committee who, how- ever, adhered to their original recommendation, but very kindly ex- pressed their willingness to entertain any future application for further assistance. The S. r. C. K. received my application in a most generous spirit, and on the first day of July voted me £450 stg., £300 for general purposes, and £150 for building Churches. A grant of £20 stg. worth of books for a Diocesan Library, and twelve full sets of service books for Churches were also added, with a kind assurance of the willingness of the Society to entertain favourably any future application for assistance. I had intended to have visited various parts of England and Ireland, to bring the cause of Missions in this Diocese before the Church at home, but the great distress prevailing in the North of England com- lielled me to abandon my intention ; indeed, so much of my time Avas necessarily spent in London, while urging my application on the two Societies, tliat I could not have done much in the short time allowed me before returning to Canada for my Confirmation tour, and the holding of the present Synod. While in London I employed myself on Sundays in advocating the cause of our Diocesan Missions, in such Churches as were oifered me for this purpose ; and although the time of year was that in which the various local charities of the city are usually advocated in sermons and aided by collections, and thus inopportune for my object, ' !i I I !il log JOURNAL OP SYNOD. yet I obtained donations sent in to me after a few sermons, amounting to about £250 stg., the various items of which will be presented in our report. Before leaving England, the S. P. G. recommended to me for the Missionary work of the Diocese four Clergymen (one of whom, the Rev. T. B. Jones, has arrived), and three Candidates for Holy Orders, whom I hope to admit to the Holy Order of Deacons, at my ordination, at the next Ember Season. I have nothing to add, but to express my hope that you may give to the grave subjects which will occupy your time during this session, your most earnest and undivided attention — on the machinery and its honest working, which we shall establish, will greatly depend the success of our missions, and the advancement of true religion and virtue. We possess, by the favor of the Legislature, what I believe to be the best possible form of organization. It is true, that as yet it is but a theory; still let us remember that the structure we are striving, as wise master- builders, to raise, will not fail to come to a successful completion, if we not only work with our understandings to make the best use we can of the Act incorporating our Synod ; but warm our hearts to feel that we are the Church of the living God by representation, viz., " Members in- corporate in the mystical body of His Son, which is the blessed com- pany of all faithful people." CONSIDERATION OF MOTIONS. Committee on Missions. Rev. W. Bleasdell, having obtained leave, brought forward the following motion, of which he had given notice (No. 6), seconded by Ven. the Archdeacon of Ontario — That the Lord Bishop of this Diocese be respectfully requested to ap- point a Committee to decide and report forthwith to this Synod, such measures as may be necessary, in order to meet the Missionary and other purposes of the Diocese, carried out formerly by the Church Society o_f the Diocese of Toronto. The motion being carried, the Lord Bishop named the follow- ing Committee : — Ven. Archdeacon of Ontario, Ven. Archdeacon of Ottawa, Rev. C. Forest, ' Rev. R. L. Stephenson, Rev. Dr. Boswell, The Chancellor, Hon. Geo. Crawford, T. KiRKPATRICK, P. P. Harris. 1 reports of committees. The following reports of Committees appointed at last session ow- jsion JOUBNAL OF 8TN0D. 109 were read, and notice given of motion for their adoption to-morrow : The Report of the Committee on Canons, by the Chancellor. The Report of the Committee on the Amelioration of the jmsi- tion of the Clergy, by the Rev. C. Forest. The Report of the Committee ^n the Celebration of the Bicen- tenary of the Book of Common Prayer, by the Rev. H. Mulkins. • FINANCIAL STATEMENT. In the absence of the Treasurer, the Clerical Secretary read the following statement of the present state of the Funds in the Treas- urer's hands : — General Statement of the several " Funds" of the Synod of Onta- rio, as on the 31 st October, 1862. At credit of Assessments $164 00 " General Purposes 65 00 " Mission Fund 368 04 « Prayer Book Fund 230 97 « Students' Fund 106 08 " Widows and Orphans Fund 15 00 $949 09 At debt of General Expenses 5 00 $944 09 Verification. Balance in Bank as per Pass-Book $1053 09 Less Cheque to Rev. E. W. Beaven, not appeared. $50 " " Rev. C. P. Emery, « « 60—110 00 $943 09 Short remitted by Kev. C. B. Pettit, as per letter 1 00 $944 09 Kingston, 31st October, 1862. For A. H. CAMPBELL, Treasurer, T. H. M. BARTLETT, Clerical Secretary. CoMMinciAt Bank of Canada, ) Kingston, Slst October, 1862. y Certified that balance at credit of " Synod of Ontario" with this Bank, this day, was One Thousand and Fifty Three Dollars and Nine Cents. C. S. ROSS, President. NOTICES OF MOTION. By the Rev. J. A. Preston — On Collections for Lancashire Operatives. By the Chancellor — For appointment of Committees. ri I no JOURNAL OP SYNOD. (rt.) The Clergy Trust Fund Committee, who, amongst other duties, shall, in behalf of this Synod, receive and take from the Church Society of Toronto, or from the Lord Bishop of Toronto, or from any person whomsoever, all property, real and personal, held by them, and of right belonging to this Diocese, under the Act incorporating the Synod. (6.) The Episcopal and General Endowment Committee. (r.) The Widoics and Orpthans Fund Committee. ((7.) Book and Tract Committee, to whom shall be given the management of the Prayer Book Fund. By the Rev. C. Forest — For a Church Building Committee. By the Archdeacon of Ottawa — For Rule concerning the col- lection of subscriptions for Building Churches, &c. By the Chancellor — On Table of Fees. By the Archdeacon of Ottawa — Confirmation of Canon on Building, A'c, of Parsonages. By the Archdeacon of Ottawa — Confirmation of Canon on Parochial Endoicment. Note. — The two last motions were embodied in the Ecpoi-t of the Committee on Canons. By the Rev. J. A. Morris — For Committee on Incomes of Rectories. By the Rev. T. B. Jones — For Committee on Digest of Canons, d:c. By the Rev. T. B. Jones — Rule on the same subject. By the Rev. E. Denrociie — Thanks of Synod to President and Directors of the Ottawa and Prescott Railway. CONSIDERATION OF MOTIONS. The following motions, of which notice had been given, were then brought forward : — Diocesan Architect. ^ By the Rev. C. P. Emery, seconded by the Rev. R. L. Ste- phenson — I That the Bishop be respectfully requested to appoint an Architect for the Diocese, to whom all plans for the erection or alteration of, or the addition to Churches, shall be submitted. To which the following amendments were proposed : I JOURNAL OP S 'NOD. Ill were Ste- Icct for lor the (a.) By the Rev. J. A. Moi.nis, seconded by the Rev.C. Forest — That the Synod do nominate an Architect for the DioccHo, to whom , pcrsouR intending to erect Churches may apply for plans for the erec- tion or alteration of the same. -..1 (i.) By the Rev. J. A. Preston, seconded by W. B. Simpson — Tliat no plans or designs for Churches in the Diocese of Ontario bo carried into effect, unless said plans or designs he approved of hy His Lordship the Bishop, to whom all said plans and designs shall be sul>- mitted by the Clergyman and Churchwardens of the Parishes in which snid Churches are proposed to be erected. Which hist amendment was carried. The Rev. C. 1*. Emery's second motion, on the same subject, was withdrawn. On Recording Names of Voters. By the Lay Secretary, seconded by the Clerical Seci*etary, in amendment to Title III, Section 18, of the Rules, Constitution, &c., of this Diocese, viz, : To add the words " and wlien reqtiired by three of either Clerg}- or Lay Delegates, the names of the Clergy and Parishes voting on both sides of the question shall also be recorded," after the word " proceed- ing." Carried. The mover gave notice that he should move the confirmation of this alteration at the next session of Synod. On Sale of Rectory Lands. The Rev. T. Bousfield obtained leave to postpone this motion to some subsequent time of the session. On Amendments to the Constitution, &c. The Rev. C. Forest's motion for amendments and additions to the Constitution, Rules of Order, &c., was, by vote of the Synod, referred to the Committee on Canons. Patronage of Rectories. By the Rev. W. Bleasdell — Leave was asked to postpone this motion till to-morrow morning, which was negatived on a division. He therefore proceeded to move, seconded by the Rev. E. Den- ROCHE — That during the life or incumbency of the Right Reverend J. T. Lewis, Lord Bishop of Ontario, the appointment to all Rectories within his Dio- cese be vested in the aforesaid Right Reverend J. T. Lewis ; and that I ;'S 112 JOURNAL or SYNOD. such appointments to Rcctoriea am have been made in thin Diocese, bince the session of tliis Synod in April last, bo hereby confirmed. To which the following amendment was moved by the Chan- cellor, seconded by the Hon. Geo. Crawford — That during the life or incumbency of the Right Reverend J. T. Lewis, Lord Bishop of Ontario, the appointment to all Rectories within this Diocese be vested in the aforesaid Right Reverend J. T. Lewis, as such Lord Bishop, his Lordship consulting the Churchwardens and Lay Dole- gates of the vacant Rectory ; and that such appointments to Rectories as have been made in this Diocese since the Synod in Ap'.il lost, be hereby confirmed. ADDRESS TO THE BISHOP. After Evening Prayer, the following address to the Lord Bishop was read by the Rev. E. Denrociik, the members of the Synod then present standing : — To The Riffht Reverend John Travers, Lord Bishop of the Diocese of Ontario: Bight Reverend Father in God : We, the Synod of your Diocese, do now, in deep thankfulness to Al- mighty God for His great goodness in conducting you back in health and safety to your spiritual Charge, and to your family, avail ourselves of this, our first assembling together since your return to the Diocese, to assure your LordHliip that we most cordially welcome our beloved Bishop amongst us, and that we do, moreover, rejoice to have again the advan- tage of his wise and prudent counsel, both in this, our Diocesan Synod, and also in the administration of the affairs of the Diocese. While we beg to congratulate your Lordship on the large amount of success wherewith Almighty God has been pleased to bless a voluntary Mission, undertaken by you for the benefit of the Church and people committed to your charge, we most affectionately tender to your Lord- ship the assurance of our profound reverence for your office, our sincere respect for your character, and our hearty attachment to your person. Praying that the Great Head of the Church may in all things continue to bless you, and that He may, of His great goodness, " direct, sanctify, and govern" us all in our approaching deliberations, we have the honor to be. Right Reverend Father in God, The Synod op Yocii Lordship's Diocese. Signed on behalf of the Synod by its Secretaries, this 6th day of November. A.D. 1862. T. H. M. BARTLETT, Clerical Secretary. D. FORD JONES, Lay Secretary. JOURNAL OP 8TN0P. 113 SECOND DAY. Thursday, Gtli Nov. 18G2. The SynoJ assembled for Morning Prayer ;. ^ 9 a. m. BUSINESS MEKTIXO. The minutes of tlie previous day's proceedings were read and confirmed. * CONSIDEHATION OF MOTIONS. Patronage of Rectories. The discussion on the resolution of the Rev. W. Blkasdell amended by the Chancellor, was then proceeded with. ' An amendment was moved by the Uev. J. A. Moiiitis, seconded by the Rev. 11. Lewis, but was ruled to be out of order. The following amendment was moved by Mr. W. Percival, seconded b; Mr. J. Siianxon — That all Ilcctorics becoming vacant, the appointment shall l)e made in the foUowinfr way : — A Vestry meeting being called, three Clergymen of the Diocese being named by a two-thirds vote at saifficio members of the Mission Board. SEAL OF THE SYNOD. It was moved by the Archdeacon of Ottawa, seconded by H. D* Shaw — That tho Chancellor and the Clerical and Lay Secretaries he a Com- mittee to firejiare a Corporate Seal for this Synod, which, if approved by His Lordsliip tlio Bishop, shall be the Seal of this Incorporattd Synod. The Bishop nominated the Rev. Dr. Boswell as a Delegate to the Provincial Synod, in the room of the late Very Rev. the Dean of Ontario. READING OF MINUTES. The minutes were read and confirmed. PROROGATION. The Lord Bishop then prorogued the Synod, after making an unwritten address, of which no complete report has been preserved. His Lordship pronounced the Apostolic Benediction, and the meeting separated. J. T. ONTARIO. T. H. M. BARTLETT, ) « , . D. FORD JONES, \ Secretaries. NOTICES OF MOTION FOR NEXT SESSION. 1. Rev. J. A. Morris will move that a Committee be appointed to report on the Incomes derivable from the several Rectories in this Diocese, with a view to more equitable expenditure of said In- comes, in accordance with the conditions of their endowment by the Government. 2. Rev. C. Forest will move a resolution for the appointment of a Committee, to be styled the Ontario Church Building Committee, to watch over and regulate the expenditure of public moneys in the erection of Church edifices within this Diocese. 3. D. F. Jones will move the confirmation of a certain alteration in Canon. (See page 111.) 4. Rev. T. BousPiELD will move that this Synod cannot but express its strong objection to the sale of the Rectory Lands. i! I !i APPENDIX. (B) RErORT OF COMMITTEE ON ASSESSMENTS. The Committee on the Assessment of Pavishes, and to whom was re- ferred the letter from the Hon. George Mofl'att, Treasurer of the Provin- cial Synod, heg leave to — Report, that whilst they cannot admit tliat the Synod of Ontario is liable for the Sixty Dollars claimed as the proportion of the expense of the Provincial Synod payable by this Diocese, the appointment of dele- gates having been made not by this Synod, but by the Synod of the Dio- cese of Toronto, yet as the appointment was made for the purpose of enabling what is now the Diocese of Ontario to be separately represented in Provincial Synod, they recommend that the claim be admitted and the amount remitted to Montreal. To meet this charge, the expenses of Synod during the current year, and a sum not exceeding Sixty Dollars as the probable expense of the Provincial Synod for 1862, the Committee recommend the following rates of assessment on the Parishes, viz : — Garrison Chaplain, by permission $5 00 Penitentiary Chaplain " " 5 00 Amherst Island 4 00 Banlefield 4 00 Bath 4 00 Belleville 16 00 Brockville 16 00 Carleton Place 3 00 Camden East 4 00 Carrying Place 4 00 Cornwall ; 10 00 Franktown 3 00 Fitzroy and Pakenham 4 00 Fredericksburgh and Adolphustown 4 00 APPENDIX. 127 Oananoque 6 00 Ooulbourn and Huntley 4 00 Hawkcsbury 6 00 Kingston : St. George's 25 00 « St. James' 6 00 «• St. Paul's 8 00 Kemptville 6 00 Lamb's Pond, by permission of delegate 8 00 Lansdowu (Rear) 3 00 March 3 00 Matilda and Edwardsburgh 4 00 Metcalf and Osgoode 4 00 Miric kville 5 00 Marysburgh 3 00 Mountain 3 00 Morrinburgh 4 00 Newboro' and Leedb 5 00 Napancc G 00 North Gower 3 00 Osnabruck ; 3 00 Ottawa 20 00 Pembroke, no Clergyman 3 00 Perth, at the request of delegate 10 00 Picton 8 00 Portsmouth 4 00 Prescott and Maitland 8 00 Eenfrew 3 00 Richmond Roslin Smith's Falls Sophiasburg, no Clergj'man 3 00 00 00 00 Sydenham 3 00 Stirling 4 00 Trenton 5 00 Tyondinaga 3 00 Wellington 3 00 Wolfelsland 3 00 $291 00 A. H. CAMPBELL, Chairman. THOS. KIRKPATRICK. EDMUND J. SISSON. D. FORD JONES, M 128 APPENDIX (O) PETITION OF CERTAIN INHABITANTS OF THE TOWNSHIP OF KINGSTON. To the Bishop, Clergy, and Lay Delegates of the Diocese of Ontario, in Synod assembled. The petition of the undersigned, inhabitants of the Township of Kings- ton, respectfully showeth,— 1st. That by royal grant, under date 21st January, A. D. 1836, certain portions of property in the Township of Kingston (as then constituted) were set apart for the endowment of a Rectory at the Town of Kingston, in words following ; — " Whereas we, having due regard to the spiritual welfare of all our " loving subjects resident within the Totvn?hij} of Kingston, in the Mid- " land District, and being desirous of making a permanent provision for " their instruction, according to the doctrine and discipline of the said "Church of England, and also for the support of a Protestant Clergyman, *' duly ordained according to the rites of the said Church, have, pur- " suant to the provisions of the said recited act, determined to erect a " Parsonage or Rectory at the Town of Kingston, within the said Town- " ship, according to the establishment of the said Church of England, wo " do erect the said Rectory." 2nd. That although the said endowment was thus expressly given for the benefit of the inliabitants of tho Township of Kingston, yet by reason of the increase of i' j population of the City of Kingston, the Incumbent of the said Rectory has, for a great length of time, confined his ministra- tibns exclusively to the City of Kingston, al though the late Rector, the Very Rev. G. O'Kill Stuart, did, in declared recognition of the right of the petitioners, make a certain annual grant to the Rev. F. W. Dobbs, the only Clergyman doing duty in the Township. 3rd. That the undersigned do therefore respectfully request that tho Synod will take order that a due proportion of the above endowment be assigned to the said Rev. P. W. Dobbs so long as he may continue to do duty in the said Township of Kingston, and will take such other and further steps to secure the proper expenditure of tlie funds thcnco arising, for the objects for which they were specifically granted, as to them may seem expedient. A. CAMPBELL, CHARLES GRASS, JOHN GRASS, R. J. CARTWRIGHT, J. C. CLARK, ELI BAIDEN, JOHN HOOPER, JAS. MORTON, WILLIAM ATKINS, EDWIN POTTS, J. P. WILLIAM MUDIE, JOHN GROVES, THOMAS CARTER, RICHARD MURSEY, ROBERT PRIESTLY, THOMAS BOSTERAGE, RICHARD HOLLAND, RICHARD GIBSON, SAMUEL G. MURRAY, THOMAS JOHNSTON, LITCHFIELD. APPENDIX. 129 (D) REPORT OF THE COMMITTEE APPOINTED TO DEVISE THE BEST MEANS OF ERECTING A SEE HOUSE FOR HIS LORDSHIP THE BISHOP. The Committee beg leave to report that the subject entrusted to them by the Synod has received considerable attention at their hands since the Synod last met. They have had several schemes or modes of action be- fore them, but in view of important changes that have since taken place, and for other reasons which it is not now deemed necessary to advert to here, they beg to be allowed to continue their sittings until the next meeting of Synod, by which time they hope to be prepared to report definitely upon a well matured plan for the accomplishment of vhe object in hand. WILLIAM ELLIS, Chairman of Committee. (B) REPORT OF COMMITTEE ON CLERGYMEN'S STIPENDS. The Committee appointed by your Lordship "to consider whether some change for the better could not be made, to ensure the mote regu- lar and certain payment of Clergymen's stipends," beg respectfully to report :— That they have duly considered the question submitted to them by the Synod, and have found that the financial position of the Missionaries of this Diocese is indeed painfully embarrassing. Their nominal salary rarely exceeds £150 per annum, of which sum the proportion which should come from their congregations is rarely, if ever, fully paid. In many cases the amount actually paid does not exceed fifty per cent, of the sum guaranteed ; in others it scarcely reaches twenty -five per cent. Trials and difficulties of a very grave character, as they aflect the Clergy, have been the result. The evil complained of, however, seems to have arisen, not so much from any fault in the principle of voluntaryism as from the inadequate means whereby tlie Church has hitherto sought to evoke the liberality of her people. Almost the only instrumentjxlity thus far employed to enforce a duty, which, as it respects the taught, is of solemn obligation, has been tlie local and by consequence interested parties, the Clergy, who, for two reasons, are utterly disqualified to press tlio subject of money payments : — First, Because of the delicacy of their position in relation to this matter. Secondly, Because the Laity are liable to make any Clerical action, on this behalf, au occasion of dissatisfaction toward the Church. ,11 ; 130 APPENDIX. m 1 This evil is a most serious one — most detrimental to the Church at large and prolific of difficulties and loss to individual Clergymen. This is more especially the case in new parishes, in which the Missionary lias perforce to enter upon a work for which the Church has provided no plan, and to urge upon the people a duty (to them hitherto unknown), and of which they have naturally little inclination to hear, viz : that of supporting the ministry of the Church of Christ. It furtluir appears to j'our Committee inconsistent with the spirit of the ministerial office that almost the first sounds which issue from the lips of a Missionary of the Cross should be a demand for, or stipulations respecting payment, particularly in places and under circumstances where, if possible, his labors should be " without money and without l)rice." It is, therefore, respectfully suggested that for the future all action in this behalf should, as in the Apostolical and primitive ages, emanate from tlie Cliurch herself, acting through her Bishop and tlie Synod. And it is the belief of your Committee that, in a matter of such delicacy, tlie voice of the Bishop would tell powerfully where all minor utterances would fail, and thus an impress of authority would bo given to the movement, whicli to any inferior agency would be wholly impossible. In the opinion of your Committee the Synod is the legitimate channel for such Episcopal or authoritative intervention ; and througli the Arcli- deacons, who are the rightful ministers and guardians of all secular in- terests within the Church, it might, without prejudice, carry into execu- tion any law made or provided to this end. Some sudi law is more tlian desirable — it is necessary. Yet, when enacted, it should not be restricted to unendowed place», but bo impartially extended to every parish or mission within the Diocese. Tlie advantages at present enjoyed by most of these parishes (from the Commutation Trust Fund) must, in the due order of things, be greatly modified on the decease of present incumbents. It is important, there- fore, tliat ere the change conic, tlie peojile should be habituated not only to give, but to give agreeably to the general rule of tlie Diocese. Up to this date little or no provision has been made to meet this contingency. Yet tlie emergency must arise, and wlieii it does the diffirulty of self- support will be increased ten-fold; the contrast between the past and the present will be productive of many mischiefs, and an inhcritanee of pov- erty and sorrow will be bequeathed to the future pastors of the Cliurch. Against the present want of system, therefore, your Committee cannot but enter their most earnest protest. They would further respectfully urge against it the following objec- tions : — Objection 1. Our people generally do not regard a subponption list as of strong moral obligation, neither do they conside. its legal force to he etiual to that of a promissory note. ?V- APPENDIX. 131 Objection 2. The special giiarantees to a Clergj'man personally are found to be inoperative, for this reason, viz., the Clergyman cannot, without injury to the Church, prosecute the best men in his cure, simply because other men less worthy are to be found wlio carelessly or dishon- estly shirlt the responsibilities of a solemn and binding contract. Objection 3. The power of any "Mission Board" to meet its liabilities depends on the fluctuating returns from the several parishes, and must therefore be precarious. Of this ample proof has been given in the fact that already lias the Board twice pleaded nulla bona, and on the last oc- casion the Missionaries were saved only by the kind intervention of the Bishop of this Diocese. In devising a remedy for these evils your Committee have sought to act with caution and a duo regard to the present state of things in the Church. And, as the result of their deliberations, they would respect- fully recommend to the Synod the following plan ; — First. The restoration of the " Offertory " to its original Apostolic and efficient place in all our Churches. In the opinion of your Committee the Church has not gained, but lost by the substitution, in this behalf, of means of human devising for those appointed by inspiration of God. The sacred tics which bind individuals in one interest to the body Cath- olic have been loosened. Congi-cgationalism has proportionally crept in, and the result has been isolation, selfishness, and poverty. The practi- cal revival of the principle, " we are members one of another," is the siu'cst safeguard against this evil, and to this revival the restoration or general observance of the "offertory" must most markedly tend. Secondly. The encouragmnent (and exaction in some cases) of endow- ments for the support of Church ministrations. Your Committee are of opinion that (with certain limitations) no new missions should be opened until the people have provided an endowment of at least ton acres of available land, in addition to the appointed guarantee of stipend for the Missionary's support. From some of the richer parishes, which have at present no endowment beyond a life interest in the Commutation Trust Fund, it should be re- quired that an endowment ec^ual in annual value tc at least $400, to- gether with a parsonage house, should be secured and deeded to tho Synod, prior to the reception or consideration of any claim from such parish to a successor in the cure when the i)re8cnt incumbent shall, by death or otherwise, be removed from the ministry of the Church in this Diocese. Thirdly. That thn use of subscription lists be discontinued, and that in lieu of them a book of promissory notes be opened in each parish or mission ; the said notes to be drawn in due legal form and executed be- fore witnesses, and to be binding for such number of years as may be agreed upon by the Clergyman (acting under the advice of the Archdea- con) and bis parisbioucrs, V idsr APPENDIX. l-'W M Uh Fourthly, Beyond this your Committee would recommend the exac- tion of a substitute legal guarantee for the whole sum represented by the book of notes, from four or more reliable churchmen in each cure, and that the book of notes itself be transferred to these four or more persons as their security for the amount by them pledged to the Synod. Fifthly. This latter guarantee should be held, not by the Clergyman, but by the Synod, and be periodically enforced by the Archdeacon, or by some officer deputed by him to that service. Sixthly. All moneys thus incoming should form a common fund, and the Clergy be paid out of that fund by draft, v ider the authority of the Synod. Your Committee do not believe that under the proposed system severe action need ever be taken. The strict legality of the whole proceeding would so impress the parties interested that the money would be paid with little hesitation or delay. In the majority of cases it is not inability to pay, but carelessness or a presuming upon the forbearance of the Cler- gyman that induces the evil. Some such change as this, by putting the whole matter in a stricter form, and placing tlie claim to payment in powerful and independent hands, would, in all probability, remove that evil. The success, however, of any remedial measure must altogether depend on the determined, energetic, and uncompromising action of the Synod. CHARLES FOREST, Chairman of Committee. B !; REPORT OF COMMITTEE ON WIDOWS AND ORPHANS FUND. The Committee on the Widows and Orphans Fund beg respectfully to advise the adoption of the following Canons : — 1. A Committee, consisting of seven members of the Synod, of whom four shall be Clergymen, shall be annually appointed by the Lord Bishop, to superintend and manage, under the authority of the Synod, the aft'airs of the Widows and Orphans Fund ; it shall be the duty of such Com- mittee to prepare and transmit, for the consideration of the Synod, at its annual meeting, a report of all business relative to tlie management, in- vestments, and improvement of the said Widows and Oritlmns Fund ; and no matter connected M'ith this Fund shall be decided upon by the Synod until it shall have first been submitted to the Committee for them to report thereupon. 2. All rents, issues, or profits of lands or tenements held, or to be held by the Synod, for the relief of the widows and orphans of Clergymen, and all moneys given or granted for the same purpose, unless special pro- APPENDIX. 133 bid viaion be made by the grantor or donor of the same, for the distribution thereof otherwise, shall be put to the credit of the Widows and Orphans Fund. 3. E^h and every .licensed Clergyman within the limits of this Dio- cese shall, in order to entitle his widow and orphan children to the bene- fits of the Widows and Orphans Fund, as hereinafter provided for, annually pay to the said Fund the sum of $8, and comply with the requirements of the Canons or By>Liaws which, by authority of the Synod, may or shall, from time to time, be put forth to regulate the management of the said Fund; and each Clergjrman thus contributing shall observe the directions given by the Lord Bishop of the Dioceso, in respect to the collections (after sermons) to be made on behalf of the Widows and Or- phans Fund, unless such Clergyman shall have been excused by the Bishop, in writing under his hand, from making such collection or coUections in any Church, Chapel, or Station served by him ; and such excuse or dispensation, when given, shall have been forwarded by the Clergyman so excused to the Secretary of the Synod, whose duty it shall be to make a regular entry of such exemption, which entry shall \w considered, so far as any claim on such Fund is concerned, as though such collection or collections had been duly made ; provided always that noching herein contained shall be construed to prevent a Clergyman duly licensed, or recognized by the Bishop as a Curate or Assistant Min- ister, from participating in the benefits of the Widows and Orphans Fund, although no annual collection may be made by him. 4. The widow and children of every Clei-gyman Avho, at the time of his decease, shall have been duly licensed to a cure of souls in this Dio- ccscj or as a CuK»te or Assistant Minister, or recognized by the Bishoj) as such, or have been placed on any superannuated list, with the constut of the Bishop of the Diocese, and who, from the passing of this Canon, or from tlie time of his cppointment in the Dioceso, shall have complied with the requiremertts of Section 3 of the same, shall be entitled to claim the annuitj hereinafter provided ; provided that ony Clergj-raan who may have neglected to comply with the aforesaid requirements may, on petitioning the Synod through the Committee, be allowed to participate in the benefit of this Fund, on payment of a penalty of $10, together with the annual subscription to the Widows and Orphans Fund required by the said Section 3, for each year of such neglect, and should his petition be recommended by the Bishop, and the Synod be satisfied with the reasons assigned for his neglect : and provided also, that the Synod may gmnt an annuity to the widow and cliildrcn of any Clergy- man deceased, who shall have been duly acknowledged as a Clergyman of this Dioceso, although he may not have complied with the require- ments in Section 3 of this By-law above mentioned. 5. From and after the passing of this Canon, every widow, or the guardian of any of the orphans of a Clergyman, dt siring an annuity from n h li !i ii'i :=: ij I. APPENDIX. the Widows and Orphnns Fund, shall apply by memorial to the Com- mittee on the Widows and Orphans Fund for said annuity, setting forth the time of the decease of such Clergyman, the name of his widow, and the names and ages of the children, as the case may be ; and such me- morial shall be taken into consideration by the Committee on the Widows and Orphans Fund, at their next meeting after the receipt of such memorial, and if it shall appear that the deceased Clergyman has complied with the provisions and requirements of this By-law, or has been exempted from such compliance by the Bisliop, they shall forth- with report to the Synod tha^ the widow and orphans of the said de- ceased Clergymau are entitled to annuities according to the scale fol- lowing ; — 1. Every widow with an income of $200, and under, an annuity to herself of $240, and children under 31 years of age each $40, but not to exceed in all for children $160. 2. Every widow with an income of $200 to $400, an annuity to herself of $IG0, and children under 21 years of age each $20, but not to ex- ceed in all for children $80. 3. Every widow with an income of over $400 to $500, an annuity for each child under 2 1 years of age of $40, but not to exceed in all for children $160. 4. Every widow with an income of over $500 to $600, an annuity for each child under 21 years of age of $20, but not to exceed in all for children $80, And in cases where orphans alone are the subject of annuity : — 1. Where the orphans have collectively an income of $200, or under, an annuity to each orphan under 21 years of age of $70, but not to exceed in ail $280. 2. Where the orphans have coUcctivi'ly an income of over $200 to $400, an annuity to each orphan under 2 1 years of age of $45, but not to exceed in all $180. 3. Where the orplians have collectively an income of over $400 to $500, an annuity to each orphan under 2 1 years of age of $40, but not to exceed in all $100. 4. Where the orphans have collectively an income of over $500 to $600, an annuity to each orphan under 21 years of age of $20, but not to exceed in all $80. And the said annuity shall be paid half yearly. And if the Clergy- man shall have paid, at any time within the six months previous to the day fixed for the payment of all annuities on this Fund, the claim- ant shall be allowed to draw for the time which has elapsed since the decease of the Clergyman up to the said regular day of payment. 6. That if any licensed Clergyman of this Diocese, who, by compliance with the requirements of this By-law, shall have been a rightful claim- APPENDIX 135 ant on this Fund, shall in future marry a lady many years younger than himself, and thereby, in the common course of events, leave a widow for many years drawing her pension; and so become a heavy burden on this Fund, the following scale of fines is hereby established as a rule of the Synod for all under such circumstances — to wit : Clergymaria Age. From 25 to 30 $4 (I u u 30 to 40 6 40 to 50 9 50 to 60 15 60 to 70, 20 To and upwards 25 For every year more than five yoars,that the wife is younger than the husband. 7. Every annuitant on the Widows and Orphans Fund shall, when- ever he or she may be paid his or her half-yearly annuity, make one of the prescribed declarations (as the case may be) in the presence of a Clergyman or Magistrate, which declaration shall be attested by the Clergyman or Magistrate before whom it is made, (Vide printed formula of Church Society.) 8. Should any doubt arise as to the interpretation of this Canon or the construction which should be put upon it, or upon any of its clauses, such doubt shall be referred to the Committee on the Widows and Or- phans Fund, and their decision upon such doubt, when sanctioned and confirmed by the Lord Bishop of the Diocese, shall be final. All which is respectfully submitted. C. FOREST, Chairman, (O) SUPPLEMENTARY REPORT OF COMMITTEE ON MISSIONS. The Committee beg to advise the adoption of the following By-Law : In connexion with the Synod, Parochial Associations, and one or more General Annual Meetings of the Parochial Associations, shall be es- tablished for the promotion of the Missionary operations of tho Diocese. 1. Tlje Parochial Association shall consist of the Rector or Incumbent of any Church, and of the Lay Delegates and Churchwardens, with power to add to their number, which added members shall be called " Synod Associates," and with power to appoint their own Secretary and Trea- surer. It shall be their duty to collect subscriptions and donations from all the members of the Church in the Parish, for the Mission Fund, in such manner as they shall deem most effective, and endeavour, 136 APPENDIX. M^ . I by every legitimate means in their power, to augment the resonrces of the Mission Fund. All moneys raised, to be, with the exception of what may be required to meet the current or incidental expenses, trans- mitted to the Synod Treasurer. The said Parochial Association shall meet as often as to them shall be convenient, provided always there be one Annual Meeting of such Association. 2. An annual meeting of all the Pai-ochial Associations in each, when there is more tbcji one Archdeaconry, shall be convened, in one or mors places, at the Cibcretion of the Archdeacon having jurisdiction, to be presided over by such Archdeacon. It shall be the duty of all Clergy holding cures within the limits of said Archdeaconry, and of at least two delegates from Lay members of the Parochial Association, to be present at such annual meeting, and, through their respective Secretaries, to give in to the Archdeacon a full and particular report of all financial opera- tions in behalf of the Church, within their several Parishes, which have occurred within the year, together with a statement of the value, im- provement, or prospects of any endowment existing, pertaining to the Mission Fund, or of the possibility of endowment, as the case may be. The reports thus submitted shall be forwarded by the Archdeacon, or condensed by him in a special report, for the information of the Synod. It shall further be the duty of such annual meeting to appoint a depu- tation or deputations to visit the several Parishes to awaken them to the importance and deep responsibility of increased zeal and self sacri- fice in the cause of Christ, and to adopt such measures on this behalf as may be enjoined upon them by the said annual meeting. At the annual meetings, as aforesaid, there shall be such Church Ser- vices as shall be appointed by the Archdeacon : — Provided also, that at each annual meeting of the Synod there shall be held a public Missionary meeting, to be presided over by the Lord Bishop. (H) Statement of Mokkys Collhctkd in England and Ireland, in Aid or Missionary Work in the Diocese of Ontario, by the Bishop or THE Diocese, in the Months of June and July, 1862 :— £,. 8. d. Dean of Llandafif. 1 One-half collection after Sermon in Llandaff Cfathedral. .. 5 Collection after Sermon in St. John's Cathedral, Cardiff. . . 12 Donations sent in after Sermon in St. Oeorge's, Hanover Square : Mr. Peel 10 " Major-General Upton 1 " Major Littledale 20 " Capel Cure, Esq 6 " Lady Mary Stanley 10 APPENDIX. laT « Honorable Miss Stanley 6 « John Webb, Esq 2 " Anonymous donations 13 <' Anonymous donations to the Bishop 5 Tydd St. Mary's, Mr. Metcalfe 1 « « Mr. H. Bailey 2 " " Rev. Mr. Jerome 2 Donations sent in after Sermon in St. James, Piccadilly :— SirE.Halse 1 . " Rev. J. E. Robinson 1 « Anonymous « Rev.T.F.More 6 " Anonymous sums 9 «« Rev. S. J.Heam ' " J. Simpson 1 '< Anonymous 10 «« H. Yateman, Esq 2 ** Misses Finch 1 Dublin, Rev. Dr. Salmon, F. T. C. D 6 " Rev. George Longfteld,F.T. CD 1 " Rev. Dr. Carson, F.T. CD 20 " Rev. H.Poole, F.T. CD 2 " Benjamin Williamson, Esq., F.T. CD 1 Cork, collection in Christ's Church 27 " James Morton, Esq 1 « Rev. T. Golloclc Old balance, grant by S. P. G 1 Figheldean 7 Mrs. S. Maskelyne Venerable Archdeacon Stopford 3 Collected by Archdeacon Patton : at Market Harboro' .... 8 «• " « St. Mary's Donnvbrook.. 10 «» » « Umey Church, berry.... 6 ** " « Mrs. Constable 6 " « «* Countess Waldegrave.... 5 " «« « Rev. C Gaunt 2 « « " Rev. T. A. Bangham .... 1 « « « Misses L. A E.Dodson... 1 " " «' Messrs Rivington 3 "D. D." 50 Amcsbur}' 1 £278 Grant for Missionary purposes by the S.P.G., of £500 for three years. , 1,500 Grant by the S. P. C K. for Church building 150 " " « for general purposes 300 Additional grant for Church building 150 £2,378 Grant of twelve Bets of Service Books by the S.C. P. K.. . 32 Grant of Books for Diocesan Library by the S. P. 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A o 2 d" o d C3 (» <" 1^- O -ol 03 o to i s rt =0 S .: i d O A d .41 o m JOURNAL OF THE SYNOD OF ONTARIO. 1862.