TUESDAY, OCTOBER 13.

Daily Southern Cross, Volume XXIV, Issue 3509, 14 October 1868, Page 5

TUESDAY, OCTOBER 13.

The President took his seat at 4 p.m. Present : Bishops of New Zealand, Christchurch, Wellington, Nelson, Waiapu, and Bishop Patte■on. Clergy: Very Rev. Dean of Christchurch, Yen. Archdeacons Butb, Brown, Govett, Hadfield, Harper, Lloyd, Williams ; Revs. Atkin, Blackburn, Burrows, Cotterill, Gifford, Lush, Maunsell, Palmer, Poole. Laity : Hon. J. B. A eland, Colonel Kenny, Sir W. Martin, Hon. W. Swainson, Messrs. T. Beckham, Braithwaifce," Brown, Connell, Fenton, Hanmtr, ! Koes, Selwyn, Gilloy, Ludbrook, Williams, Kissling.

MINUTES. Dhe minutes of the previous sitting were read and confirmed. FORMS OF PRAYER FOB CONSECRATION OF CHUBCHES, ETC. Archdeacon Butt asked the President, whether any or what action has been taken by the Bishops, in compliance with the resolution of the last General Synod, recommending the adoption of forms of prayers for consecration of churches and burialgrounds, and for other purposes. The President, in reply, laid on the table forms of consecration of churches aud burial-grounds, and the laying of corner*stoneß. ahe Blshop of Chbistchurch also laid similar forms on the table. AUXILIARY OB UNATTACHED CLERGY. The Rev. A. Gipfokd moved, " That this Synod take into consideration the importance of providing a staff of auxiliary or unattached clergymen for the ecclesiastical province of New Zealand. And if the Synod make any definite recommendation in this behalf, that the Synod will determine the following points :— l. The number of such clergymen at present proposed to be secured. 2. Their designation. 3. The amount of stipend. 4. The duties and services generally to be discharged by them. 5. And under what authority to act. ' He said, though the matter was beset with many difficulties, it would be well worth the attention of the Synod to turn its attention to their removal. He himself lived in a remote part of the colony, and the circumstance that at the present moment there was no minister resident in the rural deanery of Otago and Southland h*d brought the subject more nearly to bis mind. 'I here were three special instances in which the work of the Church was much impaired, and the influence of the Church weakened, by the want of such services as could be performed by a body of auxiliary clergymen. The resident clergy ought to be relieved of a certain amount of work. It was not desired so that they might be spared work, but that they should be strengthened and refreshed for the work by taking some periodical change and relief. We must, however, bear in mind tint by far the majority of the clergy of New Zealand were often obliged to travel, and their time whs fully occupied, and some relief occurring once or twice in the year would be a very great relief to the ministers. Another instance in which the services of the Church frequently fell short were the vacancies occurring through sickness and death, and it was undesirable that the service of God should cease through these accident?. In out-diatricts a minister might be appointed for the purposes of preliminary organisation, and many such districts might be much earlier occupied. He knew that many districts would be willing to make earlier provision for a minister if there was one available. They could not calculate the amount of misery that had occurred to the American Church from the tardiness with which the requirements of that Church were met. The rev. gentleman went on to explain the advantages of the scheme be advocated. The Rev. Y. Lush seconded the motion. The formation of an auxiliary staff of clergymen would sometimes afford a holnJ&y to the regular clergymen. He himself had been here twenty years and had never had one holiday. However, he thought the matter mor9 properly came under the notice of the Diocesan Synods than the General Synod. The Dean of Christchubch said the matter properly came within the functions of the Diocesan bynod, and be thought it very unwise that the General Synod sbould meddle with such a matter. The Bishop of Nelson f-poke in favour of the motion. The matter bad been often brought under hia own notice in hi* own diocese, where there were many clergymen who would have been much improved in health and mental vigour by periodical relief. Encouragement should be held out to clergymen to come out from home, many of whom would tie glad to stay a year or two in the colony fcr the benefit of their health, or in anticipation of a living in one of the colleges. A. recommendation ou this subject would come with greater force from the General Synod, and, if a resolution were passed, it might have the desired effect. Archdeacon Harper approved of the proposal, but thought the matter was one that came more properly within the functions of the Diocesan Synods. The Rev. Canon Cotterill said the matter had been considered in the diocese of Christchurch, where a sum of £200 had been collected ; and it had been arranged to make an annual collection, so as to raise £300 or £400 a year for the maintenance of a resident missionary. The Rev. A. Gifford said, from the opinions expressed, and the suggestions that had been made, h« would request the Synod to allow him to alter the terms of his motion so as to make it read as follow; "Tint this Synod earnestly invites the several Diocesan Synods to take into their consideration, &c." The Bishop of Nelson objected to the amendment, as it had been too much the fashion to table one motion, and then alter it for another. The Rev. A. Gifford obtained leave to withdraw his motion.

CLERICAL SUBSCRIPTION ACT. — OBDINATION OATHS. The Dean of Christchurch moved, "1. That a select committee be appointed to consider and report to this Synod how far it is desirable that the provisions of tbe Clerical Subscription Act, 1865, should be adopted by the General Synod on behalf of the branch of the United Church of England and Ireland in New Zealand ; and that the committee be further requested to consider and report whether there ii anything in the Imperial law, or the law of New Zealand, to prevent Bishops from administering oaths to candidates for ordination, or to clergymen on their being licensed o* instituted to cures. 2. And that the committee do consist of Bishop of Christchurch, Bishop of Wellington, Bishop of Nelson, Bishop of Waiapu, Bishop of Melanesia, Archdeacon Hadfield, Sir W. Martin, Mr. Hanmer, and the mover." Mr. Quick seconded the motion, which was carried.

STANDING COMMISSION BILL. Mr. AOXAND moved, " That the bill for establishing a Standing Commission be recommitted, for the purpoie of adding the following proviso to clause J6 : 'Provided always that the Commissioners to exercise the powers hereinbefore mentioned may be appointed at any time after the passiug thereof.' " Mr. Hxnmeh seconded the motion, which was agieedto. The Synod resolved itself into a committee of the whole, Mr. Beckham (who was elected Chairman of Committees) in the chair. The Synod resumed, and the bill w»s reported with amendments. On the motion that the bill be read a third time ana passed, the Bishop of Nelson said he hid an amendmeutto move, on the same principle as that on which he had opposed the other. Though hia opinions had been lomewhat modified, he still held the opinion that these bills tende t to deprive us of that connection with the mother Church which he had set himself to maintain. The ultimate appeal in all c.iuses, ecclesiastical and civil, was the shief prerogative for which he contended. That ultimate appeal to the Crown should be maintained, and, though it may have been but inadequately advocated here, it had embodied views that were entertained in common with himself by » very large and influential body at home. He would move ai an amendment, "That, in order to give opportunity for making a final application to the authorities iv England for »n official recognition of the Church organisation in jNew Zealand, whereby the sanction ef the Crown m»y be obtained to the proceedings of this Synod, and an appeal thereby received from those who accept Synodioal system, the third reading of this bill

be postponed until after such application has been made." Mr. S. KEJir-raoRNE seconded the raoti n. The President said there were two great principles to be regarded in such matters as this. There was on one si'Je the principle of lav, and on the other the principle of arbitration. Both of these principles were recognised by law, but he thouabi he was interpreting the law properly when he itated that the principle of arbitration was in modern times more fully recognised than the principle of appeal to the Courts of law. As to tho assertion that the principle of arbitratidn vras equally- recognised with the principle of laW, he would point out what he believed to be the whole theory of arbitration. From the time of William the Third, when the Rystem of arbitration waa first clearly enacted, there had been a steady progress ou the part of the Legislature towards the recommendation of arbitration, and the Legislature actually recommended the reference to arbitration in preference to law. In the time of William the Third, when parties agreed to refer a dispute to arbitration, andj if one of the parties, after agreeiug to such a course, Attempted to repudiate the arrangement, the law would compel him to come into the public Court. In 1854, whf>n the Common Law Procedure Act was passed, there was the same tendency, the Legislature expressly recommending the settlement of disputes by arbitration in preference to law. That Act established the principle that a man might contract himself outside the right to go to law. If the Bishop of Nelson would ask Judge Johnson, who to this day was a visitor to the Nelson College, the Judge would no doubt give him a copy of his own paper on tho Bubject of tho duties and privileges of the visitor to the Nelson College. If there was any original intention on the part of litigants to refer a case to arbitration, the Court, if appealed to, would compsl the parties to abide by the arrangement. If a flaw was discovered in the agreement by one of the parties the Court would not vitiate it, but would cure the defect, and would compel the parties to submit the case to arbitration, and not to go into a Court of law. ]f the arbitrator had brought up an award, either of the parties might go into Court and apply that the decision should become a rule of law. Be believed that everywhere » preference for the reference of disputes to irbitration, rather than to law, was gaining ground. The Bpeaker went on to refer to the application of Courts of arbitration as applied to the settlement of disputes relative to the administration of educational endowments, and accusations of false teaching. He contended that there was a principle of arbitration which was applicable to clergymen all over the world, without distinction of aoy kind whatever; and that the question of the Royal supremacy was not in any way involved in the matter. The amendment was negatived, and the bill wa«i read a third time, and passed.

SPIRITOAL TBIBTTNAL. Archdeacoa Harper moved, " Wherea9 it was recommended by a committee of the Lambeth Conference that a voluntary spiritual tribunal should be constituted in England to which questions of doctrine may be carried by appeal from the tribunals for the exercise of discipline in each province of the colonial Church ; and whereas it was provided that each province in the colonial Church should elect two members, being either Archbishops or Bishops of the Church of England, and that each province of the Church of England should elect two members, and that the Episcopal Church in Scotland should elect two members, and that the Episcopal Church i« the United St»tej>, if willing, should elect five members : JKesolved that this fcynod of the United Church of England and Ireland in New ZeaUnd approve of the constitution of such a tribunal." The Bishop of Wellington seconded the motion. Mr. Kempthornb moved as an amendment, " 'J hat in the opinion of this Synod, the proposal of the Lambeth Conference for the formation of a Conference of Bishops not having been adopted by the Conference itself, it is inexpedient and premature for this Synod to pass any resolution having reference thereto " He said the Lambeth Conference appeared to have acted without regarding the Crown in the course it had pursued, and for that reason as well as the course it had pursued in its deliberations he felt that it had acted in a manner contrary to the principle that ought to be observed by the Church towards the State. The speaker went on to refer at some length to the subject of Royal supremacy. Archdeacon Hadfield said the Church would be more likely to advance its own influence for good, and raise it 3 own status, by internal legislation. The progress of events as regarded religion was so fraught with uncertainty and change that the Synod should studiously preserve its right of independent action. Mr. U. H. Brown supported, the motion. Tt was necessary to have some higher tribunal to which appeal might be made. In cases where any accusation might be brought against any clerical member of the Churcb, how could any Court be constituted in this colony that would command the necessary influence and experience to form a competent tribunal on the subject ? The time having arrived for proceeding with the orders of the day on the MISSIONARY BISHOPS BILL, The Hon. W. Swainson moved its second reading. The Bishop of Chbistchttbch seconded the motion. The Bishop of Wellington supported the motion, and in doing so passed encomiums upon the enirgy and self-denying zeal of the missionary bishops of New Zealand. The President said the whole of the result was^ due to Jhe wisdom and forethought of Samuel Marsden. Had he not turned his attention to this island, and founded the Church out here, this colony might never have attract-d the attention of the Home Government, and at this day the island might not have been colonised ; and even this Synod that now sal would not have heen constituted. He had found, on his arrival here, that the natives had learned to read from copies of the New Testament which the missionaries had distributed, and taught the natives to read. The necessary work had been specially blessed by Providence, and now it became the duty of the people of this colony to extend these operations to the neighbouring islands. In order that the good work that had been begun in the islands of Melanesia mightbe rendered permanent, it would be necessary that provision i-hould be made for a successor to the present bishop ; and, that while passing this dry statute, he felt sure that every heart would be animated with a devout prayer that God would so bless the work of their hands that it might prosper ; and that the Bishop of Melanesia, who had the sympathy, rot only of the people of this colony, but of thousands in the neighbouring colonies, would go back to his work with renewed hope, confident that provision had been made for the permanency of the work he had begun, and which had prospered to much under his care. (Applause.) The motion was carried, and the Synod resolved itself into committee of the whole; Mr. Beckham in the chair. The bill provides that on the death or resignation of the Bishop of Melanesia the members of the Mission may, from time to time, as occasion may require, recommend to the General Synod some fit person to fill the vacant office, and that the General Synod shall, if it think lit, appoint the person so recommended. In cafte no recommendation is made, the Geueral Synod is to appoint some person to the office. Any missionary bishop may, by writing under his hand to the Primate, resign his office. During the course of the discussion a question arose as to whether the Bishopric of Melanesia was ■till connected with the branch of the Church of England in New Zealand. The Bishop of Melanesia said the trust funds of the See of Melanesia were admm ; steted by the trustees of the endowment in New Zealand, and ha would be inconceivably pained t > learn that the Bishopric of Melanesia was not connected with the branch of the Church in New Zealand quite as closely as any other diocese in the colony. A misunderstanding had arisen with refereuce to the occupation of Norfolk Island, a step which made no difference whatever in th« connection cf the Bishopric of Melanesia with the Church in New Z-alaud, which he looked upon in the light of a child to its parent. The President said it would be advisable to give authority to the Bi»hop of Melanesia to organise a Diocesan Synod in his own diocese, modelled after the Diocesan Synods in New Zealand. The several clauses of the bill were discussed at some length. The Chairman reported progress, and asked leave to sit again. „ . The Synod adjourned at 6.20 p.m., until 4 p.m. this day.