'iu ^%. V^. .0^. \^^ IMAGE EVALUATION TEST TARGET (MT-3) A # w/ V (^ /^ c? .>., ^^v '» *: C/>^- 1.0 I.I 1.25 1^ 150 32 IM M LA. IIIIII.6 (56 im ;: Hi <^ Its HhotDgraphic Sciences Corporation 23 WEST MAIN STRFET WEBSTER, N.Y. 14580 (716) 872-4503 m iV iV :\ \ C^ ^^ ...^ Ci^ % CIHM/ICMH Microfiche Series. CIHM/ICIVIH Coilection de microfiches. Canadian Institute for Historical Microreproductions / Institut canad'en de microreproductions historiques l^^^f Technical and Bibliographic Notes/Notes tachniques et bibliographiquas The Institute has attempted to obtain the best original copy availabh for filming. Features of this copy which may bm bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il iui a ete possible de se procurer. Les details do cet exemplaire qui sont peut-^tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exig^r une modification dans la mithode normale de filmage sont indiqu^s ci-(iessous. n Coloured covers/ Couvarture de couleur □ Coloured pages/ Pages da couleur □ Covers damaged/ Couverture endommagie D Pages damaged/ Pages endommag^as D Covers restored and/or laminated/ Couverture restaurie et/ou pe<)icul4e □ Pages restored and/or laminated/ Pages restaur^es et/ou palliculdes □ (" ver title missing/ Le titre de couverture manque Pages discoloured, stained or foxed/ Pages d^colordes. tacheties ou piquees □ Coloured maps/ Cartes giographiques en couleur □ Pages detached/ Pages ditachees □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur r~7l Showthrough/ Transparence □ Quality of print varies/ Qualite inigale de {'impression D Bound with other material/ Relii avec d'autres documents □ includes supplementary material/ Comprend du materiel suppiementaire □ D Tight binding may causo shadows or distortion along interior margin/ Lareliure serree peut causer de I'ombre ou de la distorsion le long de la marge intdrieiire Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutAes lors d'une restauration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas iti film^es. D D Only i^dition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata. une pelure, etc.. cnt iti fiJmiies ck nouveau de facon a obtenir la meilleure image possible. □ Additional comments:/ Commentaires suppl^mentaires: This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X 26X 30X / ^^■■TJ 12X 16X 20X 24X 28X 32X Ills difier me age Th« copy filmed here has been reproduced thanks to the generosity of: Harold Campbell Vaughan Memorial Library Acadia University. The imagoe ai^paartng here are the best quality possible considering the condition and legibility of the original copy and in koaping with tha filming contract specifications. Original copies in printed paper covers are fiimed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover whan appropriate. Ail other original copiea are fiimed beginning on the first page with a printed or illustrated impraa- slon, and ending on the laat page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol —»> (meaning "CON- TINUED"), or tha symbol ▼ (meaning "END"), whichever applies. L'sxempiaire filmi fut reproduit grica A la g^n^roait* da: Harold Campbell Vaugl^an Memorial Library Acadia University. L.aa imagea suivantea ont tti reproduites avec le plus grand soin, compta tenu de la condition et da la nattatA da I'exempiaira fWmi. et en conformity avec lea conditiona du contrat da flimaga. Laa axemplairea originaux dont la couverture «n papier est imprimis sont fiimte en commen^ant par la premier plat at an terminant soit par la damiira page qui comporta une ampreinte d'impraaaion ou d'liiustration. soit par la second plat, salon le cas. Tous lea autres •xempiairaa originaux sont filmte an commenpant par la premiere page qui comporte une emprointe d'Impreaaion ou d'illustration et an terminant par la darnlAra page qui comporte une telle empralnte. Un dee symboiaa suivants apparaitra sur la dami^ra image da cheque microfiche, salon le caa: la symbola — ^ signifie "A SUiVRE". le symboio V signifia "FIN". Maps, plates, charts, etc.. may ba fiimed at different reduction ratioa. Thoaa too large to ba entirely included in one exposure sra filmed beginning in the upper left hand comar. left to right and top to bottom, aa many frames aa required. The following diagrama illua'mita tha method: Laa cartoa. planches, tableaux, etc., pauvant dtre filmia A dee taux da rMuction diffirants. Lorsqua la document est trop grand pour &tre reproduit an un saui cliche, ii est fiimA i partir da Tangle sup4riaur gauche, de gauche h droite, et de haut en baa. en prenant la nombre d'imagas nAcessaire. Les diagrammes suivants iilustrant la m^thoda. ata tiure, a 3 2X 1 2 3 1 2 3 4 5 6 X TO THE LAY MEMBERS OF THE WMl OF ENGLAND IN THE DIOCESE OF FREDERICTON. Your attention is requested to the important questions involved in the formation of a Diocesan Synod among the Members of the Church of p]ngland in this Province. The subject is admittedly one of great consequence to the Church of which you are members, and deserving therefore of a careful and candid consideration. It is urged against the formation of a Diocesan Synod that such Synod is an illegal meeting ; that in joining it a step is taken which must inevitably separate us from the Mother Church ; ^hat it will give au undue power to the JJishop and Clergy as regaiUs the Lay members of the Church, and at the same time tend to restrain the liberty of free action as well of the Clergy as of the Laity of the Dio- ceso 5 and that, f/om want of intelligence among the Laity, in country parishes at least, such an assemblage will become practically a mere engine for the development and exercise of an undefined ecclesiastical authority. For these reasons, it is alleged that the formation of a Diocesan Synod among the members of the Church of England in New Brun- swick must be unwise and inexpedient : and that the Bishop, Clergy, and representatives of the Laity from the majority of parishes in this Diocese who met in July last, and now ask their brethren to join them, have met and acted without the consideration a question so important should have received. It is true that in the Dioceses of Huron, Toronto, Ontario, Mon- treal and Quebec, the Bishops, Clergy and Laity have for many years past met to adv ise together in Synod under substantially the same con- stitution as has been adopted for the Synod of this Diocese ; and it is not denied that these periodical meetings have been productive of advantage. It is not contended that the Synods of these Dioceses are in any manner illegal gatherings : nor is it asserted that the mem- bers of the Church of England in those Dioceses are any the less closely united to the Mother Church of England than members of the same Church in the Diocese of Fredericton ; nor arc the Bishops of mmmiumxm ■■mi&^miik'amfm%iHmmisanft\- \ 2 those DluCL'ses possessed ol' any undue control, moral or Icgul, whicli may not also be exercised by the JJishop of this Diocese; any such control, which otherwise might be attempted, being there also guarded against and limited by the action of the Clergy and Laity in their periodical meetings in Synod. Nor is it for a moment pretended that the iiaity who have taken part in Synodical Meetings in these Dio- ceses have shown any w^ant of intelligence, or that the members of the Church of Kngland in Canada have in any respect lost their independence, or become blindly subsevvicnt to any undue ecclesias- tical authority. It is not contended that the civil liberty of the subject, when "■uardod through his representatives in the Legislature, is less, but "reater, than when dependent upon the action of a single person without the assistance of any such Council of Advice. It is not claimed that the members of other religious denomina- tions in this Province would be more prosperous were they to commit the government of their communions to any one person and refuse to meer him to advise together for the general good : nor that the for- mation among the Presbyterians of a Synod, among the Methodists of a Conference, or among the Baptists of a Convention, has in any way diminished the due freedom of action before enjoyed by the members of those denominations of Christians. It must be supposed therefore that it is owing to a belief in the existence of some important distinctions between the position of the (^hurch of England in New Brunswick and t'lat of the same Church elsewhere within the Dominion of Canada, and of other denominations, as well in Quebec and Ontario as in this Province, that general and periodical meetings of the members of the Church of England in the Diocese of Eredericton have been though^ to be unlawful, inexpedient or improper and it is well to ascertain .'icther any such distinctions really cx^ist, and, if so, to consider their nature and extent. The Province of New Brunswick was created by lloyal Commission in 178-i, and has enjoyed the benefits of an established Legislature for more than eighty years. The position of members of the Church of England in a Province so constituted, has been considered in three important judgments : the first, that of the Judicial Committee of the Privy Council^ the highest Court of Appeal from the Colonies, in the case of Long vs. the Bishop of Capetown in 1863; the second, that of Uie Judi!cial Committee of the Privy Council in the case of the JJishop of Natal in 1 8G5 ; and the third, that of Lord llomilly, the ^Master of the llolls, in the case of Colenso vs. Gladstone and others in 18GG. In the second of these judgments, delivered by the Lord Chancel- lor of England, it is stated that u (( (( (( m « 8 " The United Church of England and Ireland is not a part of the " Constitution in any Colonial settlement, nor can its authorities, or " those who bear office in it, claim to bu recognized by the law ot the " Colony otherwise than as the members of a voluntary association. Tn the first of these judgments it is stated that " The Church of England, in places where there is no Church « established by law, is in the same situation with any other religious "body, in no better but in no worse position, and the members may " adopt, as the members of any other communion may adopt, rules tor " enforcing discipline within their body, which shall be binding on " those who expressly or by implication have assented to them. In the third of these judgments Lord llomilly stated that " When a Colony possessed an established Legislature but no esta- " blished Church, the Church of England was a mere voluntary asso- " ciation, in the same sense as any other religious association ; and "the members of it might agree to adopt any rules for discipline j " which would, when adopted, bind them." Since the United Church of England and Ireland is not a part of the Constitution of this Province, the Church of England in New Brunswick cannot be a part (5f the Church of England as by law established in England (except so far as it is made such by the vol- untary consent of its members) unless it be so as the result ot some special statutory provision making New Brunswick an exception to the general rule applicable to Colonial settlements. It is undoubted that the Crown alone has no power to make any such provision, nor has it in any measure attempted to do so in New Brunswick. . r ^u Tiie Imperial Statutf^ Book is silent as to the establishment ol the Church in any Colony, The General Assembly of New Brunswick has of late years stu- diously viewed the Church of England in this Province as in the same situation with any other religious body, in no better but in no worse position : And the only Act of Assembly in force affecting the position of the Church provides merely, first, that no person shall be capable to be admitted to any ecclesiastical benefice untd ordained according to the form and manner by law established m tlie^ ^''^™ of England ; secondly, that every person having any benefice shall once at least in every month read the Church Service and (it there be occasion) administer the Sacraments, under the penalty ol nye pounds ; and thirdly, that any such person who shall openly use in any place of public worship any other form of prayer shall, on con- viction, be ipso facto disabled to officiate, and the Governor may present to his benefice as if the person so offending were dead. 'J'hoso provisions cannot certainly be considered \n any way to render the meeting together of the members of the Omreh of Juig- laud in Syn(jd illegal; or to affect any such meetings further than to prevent their interference with the appointment or deprivation of the beneficed (Jlergy of the Diocese in any other way than by the prepa- ration of measures for submission to the civil j.egislature. Since, then, it must be admitted that the Church of England in this Province is not a part of the Church of England as by law established in England, unless so far as it may be made such by the voluntary consent of its members, it cannot be unlawful that the members of the Church should meet together to express that consent ; nor since, in the words of the Privy Council, its " members may adopt, as the members of any other communion may adopt, rules for enforcing dis- cipline within their body," can the assembling together of the Bishop energy, and reprcsenta.tives of the Laity for advising upon and adop'ting, subject to any statutory provisions which inay be iu force, any such rules, be in any sense an unlawful constitution. ^ In considering whether the formation of a Diocesan Synod must inevitably separate us from the Mother Church, it becomes necessary first to determine the nature and extent of the link which now unites us • and whether the Church of England in New Brunswick is a part of the Church of England as by law established in England, as the necessary result of any provisions of the law, or can be considered such in that sense only which results from the voluntary consent of its members, and their expressed desire to maintain a full communion of faith and practice with the Church at home. And since it plainly appears that it is in the latter sense only that the Church of England in this Province can be said to form a part of the United Church of En<^land and Ireland, it is plain also that the formation of a Synod cannot, in the eye of the law, separate us from that Church. Fo" there can be no separation between bodies which are not united. Synodical action is not indeed, as has been represented, an attempt to introduce the voluntary principle among the members of a Church already established, and to sever the connection existing with the Establishment in the Mother Country ; but the effort of the mem- bers of a religious body, already in a position no better than that of a voluntary association, to attain harmonious and united action for the general good : their first act being to declare and express their firm detemination to maintain that full communion with the Mother Church which still remains to them : a bond of union existing, not in the volumes of the law, but in the hearts of all true members of the Church of England. And that the tendency and effect of Synodical action has been to cement the bonds of that true union it were easy to multiply instances to prove. One may suffice— the resolution of Let which doing V- ■ -- "ar. 1 r cl^" iFTuh that. Synodical mcetinp; of the Bishop, Clerp;y and Laity of the D-o- cesc of iMelbournc, which, little more than a year ago declared, " That in the opinion o^' this Assenjbly, the principal points to be " kept in view towards maintaining such connection (viz., with the " United Church of England and Ireland) are, 1. The preservation " of the Church in this Colony as an integral portion of the United " Ch-.rch of England and Ireland, although not connected with the " State as an Established Chur^^h." Yet, it being admitted that to meet in Synod is not in any measure illegal, and that the practical tendency of Synodical acti(jn is not to separate, but to unite us more closely to the Mother Church, there will still be persons who object to the formation of a Synod, because they conceive it will build up and perpetuate an ecclesiastical influ- ence which th'w cannot precisely define, but which they conceive will be prejudi :.-, ' he Ivue interests of the Church. o T/. - -^ cnn,uder well what the ecclesiastical influence is uh^^ *,rv to define it. They will find that in "11 m It away. They cannot and do not — no reasons: irTuk' . . "i!'— object to a proper and well-defined authori • (x. .. •■ n -atcii over them in the Lord. It is the very pan. 01 .. -.yuo(^ j dciiue and >upport this just authority — to fix its due limits— and to restrain '* from exceeding them. What is object- ed to, and with reason, iii nn undefined ecclesiastical influence with- out any due check or restraint; an influence which may be used for good or evil according to the character of the person who from time to time may wneld it. Such is the influence which rests with the Bishops of a Coloninl Diocese, where the Clergy and Laity have no opportunity of meei aig to express and enforce their views. There, so far as there is any power to regulate and manage the order and discipline of the Church, and authority for the Government of the Clergy, it rests with the Bishop and with him alone. The formation of a Synod controls this authority— one none the less dangerous be-^ cause in a great measure moral only — and furnishes a ready means of restraining it within due limits by the expression of the public opin- ion of the Diocese through the (yiergy and Lay Delegates assembled. A proper and defincd\uthority is indeed most necessary for the well-being of every community — and especially of every religious community. And it is this necessity which has led one after another, when not established by law, and as a consequence under the direct control of the civil legislature, to meet, and first defining the terms of its compact, to provide in the next place for the proper cognizance of breaches of that compact by any of its members. The necessity is at least as great in the Church of England in New Brunswick as in the same Church in Ontario and Quebec. Australia and Xew Zealand, or .among otlier coiniiiuiiiniis I or ainon- oinc^r ..uu.uu.. It ^v..ul,) be a sad day for her should S.inc one «=t' her Kcetors adopt and prodain. the yiev.> ol (uknH. or of the extreme llitualisni whieh has shown itselt m several ox the Kn.'lish l)i..eeses; and should it be Inund that that Reetor so Ion- ,,s he c(.mi)lied with the statutory provisions of readm- the Church Services and administering the .^aeraments, could only }>e mtertercd with thr.m-h the moral influence of the Bishop, to whose call to r,.>.i.M. his cure, as deaf an ear might be turned as Dr. Oolenso has turned to the voice of the Knglish Church. • , .• ,w It would seem then that it was not without due considerution that the Bi^hnp Cleruy. and Laity of this Diocese who assend)led m July la«t met together, and that rt is not without some appearance ot reu- H in'that tlu?ir brethren are asked to join them. Meetin- they luive ad<.pted a declaration ol what they believe should be the tenns of a <'ompact among the members ot the (hurch noland in a (^.lonial Diocese-. They desire that the Church in this I)^.cese should continue to be. as it has been in iu 1 communion with the Tnited (nmrch of Kngland and Ireland. Ihey recognize tiu' Caron <.f Holy Scrij.ture as received by that Church, to be the Word of (lod. They acknowledge the Book of Common Prayer with the Thirty-nine Articles of lleligion, to be a true and iaithtul declaration of the doctrines contained in Holy Scripture. And they doclire their firm and unanimous resolution, m dependence on Divmo aid/to preserve those doctrines and to transmit them unimpaired to ^" TluT Imve framed also a Constitution for a Synod. It may be that, tint (Listitution is yet imperfect. Should it be thought so it will 1. c^nldid objector to state his difficulties that they may bo itlor explained or allowed. This Cnstitution provides^ tor the for- na on o the Synod ; for the choice of I.ay Delegates giving to the hr'er parishes a greater proportion than to the smaller; tor giving ; bli -i y to such choice, so that none may be excluded trom taking • t in if and for the transaction of its business when assembled, directin.^ ihat each of its three branches in succession sha 1 give ita a cut to any measure before it can be agreed to ; thus wluleit re- c; 1 izes no power in any one of its branches to regulate the discipline of" e (Inirch. guarding against any innovation upon the terms of compact it has adopted by enabling each in turn to exercise a nega- tive in favor of the minority of the other or ot the others. These terms of compact and this Constitution they have adopted for themselves, believing them to be right, just and wise, and such as n t me at least niust c?)nimend themselves to the judgment of all. There has been no desire to coerce, even were such coercion possible. To alle e that any such desire exists would be most unjust. But one N v*> view wus expressed upon this point at the meeting of July 1807 : — tluit tiie principle of Sy nodical action was so just, and its necessity Hi) apparent that it must win its way ; even unaided by the force of circumstances which each year seem to point more and more plainly towards its consummation. Two of these circumstances may he briefly alluded to : The patronage of the Rectories of the (Jhurch of England in New Brunswick was^ formerly vested in the liieutenant (Jovernor of tho Province, and is now cxercisjd by the Governor General of Canada. Little more than a yf>ar since the Earl of (Carnarvon, Principal Sec- retary of State for the Colonies, wrote as follows : " With regard to the future, I have to state, that I see no reason '^ why the patronage of these cures should continue to be exercised "by the J iieutenant Governor ; and 1 do not doubt that the Crown '' would be ready to transfer it to the (Jhurch of England in tho " Province, provided only that proper arrangements and regulationa "are made ibr its acceptance by any body of persons qualitied to "represent the Bishop, Clergy, and Laity of that Church." A Bill has recently (with a suspending clause) been passed by tho House of Assembly of this I'rovince for vesting this right in the par- ishioneis iii two Counties— Saint John and Westmorland. Thero seems little doubt however that that measure will be disallowed not only as beyond the power of the local Legislature to enact, but as contrary to the terms of Lord Carnarvon's despatch referring the matter to " any body of persons qualified to represent the Bishop, Clergy '• and Laity of the Church," and evidently on the part of the Crown contemplating its being referred to a Diocesan Synod. ]t will in that case be for the Synod to consider and determine the provisions applicable to this important question. And although a measure may very probably be adopted for submission to the parlia- ment of Canada not materially differing from that sought to be passed h^ the local Legislature, is it wise that any Parish should exclude itself from a voice iu the settlement of its details ? But another circumstance presents itself prominently : A vacancy in the Bishopric of Fredericton may at any time occur. The endowment is provided, but how is selection to be made of a successor to the present holder of the Pee ? The Crown will not interfere, for on the occasion of the consecra- tion of the Bishop of Niagara in 1806, the Earl of Caiuarvon, after referrin*' to the deciaion of the Judicial Committee ot the Irivy Council" that " Her Majesty has not the power to create a Diocese, or assign a sphere of action to a Bishop in a Colony in which an independent Legislature has been established," stated that upon such I KM 8 occasions no mandate from the Crown would thereafter issue for the consecration of a Bishop. The appointment will not be made by the Archbishop of Canter- bury, for he will undoubtedly recognize the justice of the Kepott of the Committee appointed by the Lambeth Conference, that in such case, "the election, as a general rule, should be made by the Diocese." How, then, is such a choice to bo made? iMust it not be by the Clergy and J^ay Delegates in Synod ? V/ould the Bishops of other Dioceses, who must consecrate the person chosen, rocognise any other Belection ? And must not the Clergy and Ilepresentatives of tho Laity of the majority of Parishes who wiM from time to time meet, make that ch()i(;e '/ Very probably they moy at their next meeting provide reguhitions for such an election. Is it wise, then, that any Parish should exclude itself from a voice in a matter of such lasting couseqpyuce to tho Church of which it forms a part ? A LAYMAN. Si. John, N. B., April 6, A. D. 1868. The Circular of the Bishop of Fredericton, Declaration of Principles, and Constitution of the Syjaod are added in order that an opportunity may be given for their full consideration. I I 9 FnKDHiirrToN, Alurrh \(Uh, 18G8. UeVEUKND and J)KAll liUKTllIlKN, I bej* to cull your iittcntinu to tlio (olluwin^ ('ou-stitutioii of the Diocesan Synod, passed on July kh, 18G7, and I shall bo ublie whole number of qualified clergymen of the Diocese, and of a li.;e number of lay representatives whose election shall have been certified to the Secre- tary of the Synod; but any lesser number shall have power to adjourn from day to day until a quorum can be obtained. 10. No act or resolution of the Synod chall become valid without the concurrence of the Bishop and of a majority of the clergy and laity present ; provided that, ordinarily, the votes of the whole Synod shall be taken collectively ; but that at the desire of the Bishop, or at the re(iuest of any three other members of the Synod, the votes of both orde'-s shall be taken separately, and in this case a majority of each shall concur. 11. The Synod shall meet alternately at St. John and Fredericton once in every year, on a summons from the l^ishop of the diocese ; and the Bishop, or in the absence of the BishOp the Archdeacon, or if there be no Archdeacon the Bish'^.p's Commissary, shall have power to call a special meeting, on any occasion when he may deem it neces- sary for the welfare of the diocese, at svch time, either at St. John or Fredericton, as he may think proper. 12. The Bishop shall summon a special meeting of the Synod on a requisition in writing signed by ten of the clerical and a like number of lay members of the Synod, specifying the object of the meeting: provided that no such meeting shall be held until at least six months after the last preceding meeting. 13. When the Bishop is present he shall preside at all meetings of the Synod ; when the Bishop is not present, the Archdeacon, or if there be no Archdeacon, the Bishop's Commissary shall preside : and in case of the absence of both the Archdeacon and the liishop's Commissary, the clergy and lay representatives present shall elect a chairman, who shall preside at the meeting. 14. A Secretary shall be chosen at the first meeting of the Synod, and he shall remain in office during the pleasure of the Synod. It shall be his duty to keep regular minutes of all proceedings of the Synod, and to record them in a book provided for that purpose ; to preserve all records, papers, and other documents; to certify the pub- lic acts of the Synod ; and faithfully to deliver into the hands of b.is 12 successor all property, books, and papers relating to the concerns of the Synod which may bo in his possession. 15 Any proposition for an akeration of the Constitution of the Synod, shall be introduced in writing and considered at the meeting at which it is introduced ; and if approved Jjy a majority of each order, shall lie over till the next meeting of the Synod, at which it may bo finally adopted.