Courts of Appeal and Lambeth Conference.

Nelson Evening Mail, Volume XII, Issue 22, 25 January 1877, Page 2

Courts of Appeal and Lambeth Conference.

Reference is made in this Report to the need of some distinct provision, in the Statute appointing tho Court of Appeal, as contemplated in the title of it. It was evidently intended that the Court should consist of the Bishops of this Ecclesiastical Province. This may he gathered from the general wording of the Statute, and I think it may bo assumed also that their decision iv any matter is to be regarded as final. It would be woll, however, that this were distinctly stated iii the Statute, if so determined by the Synod, since, to use the words of the late Primate's address in 1868, "theframers of our Constitution in Clause 16 seemed to look forward to something higher thau our voluntary tribunals." I refer more especially to this because in the event of the proposed Lambeth Conference being held next year, those Bishops, if any, of this Province who may attend may expect to have to consider the expediency of establishing a Court of Revision or of Final Appeal to Avhich questions of doctrine may be carried from tho tribunals of the Colonial Church. It may be in the recollection' of mauy present that such a Court or Tribunal was recommended by a Committee appointed at the Conference of 1867. It was to be composed of Bishops elected by the then united Church of England and Ireland, the Colonial Churches, the Episcopal Church of Scotland, and of America, the Archbishop of Canterbury being the Primate, who Avas empowered to nominate as assessors three Theologians or three persons learned in the law Avho shouid be at liberty to tender in writing their opinion upon any point of Theological learning or law, to be considered by the Tribunal before coming to any decisiou, all the facts of the case to be sent in writing from the inferior Tribunals, and the judgment of the Upper Tribunal to be restricted entirely to the points of doctrine and discipline involved in them. No judgment to he passed without the assent of two-thirds of the judges present, and, if assented to, to be delivered in the form of a decision that the teaching or practice of the accused is or is not permissible ; such a tribunal only to take cognisance of a case referred to them by some branch of the Anglican Commission Avhich might have consented to the Constitution and those branches whicli. had so consented, to be at liberty afterwards to withdraw their consent if they should so desire. The decisiou of the Tribunals being, m fact, ofthe same nature as those of arbitrators, whose jurisdiction rests entirely upon the agreement ofthe parties. Such are some of the main provisions of the proposed Tribunal of Final Appeal. The full report of the Committee on this matter will be found attached to the General Synod Report of 1868, aud it has a claim on our consideration if the Synod should deem it desirable that the Church of this Province should be represented at the next Lambeth Conference. If the Synod should decide on the expediency of a higher Tribunal than the voluntary Tribunals of this Province, to Avhich appeals might lie, some such Tribunal, as that suggested by the report would probably best satisfy the requirements of our Church. An appeal to the Judicial Committee of the Privy Council, is of course out of the question; hut it has heen suggested that the judgment of the Bench of Bishops in this Province might be guided hy the decisions of that Body. One obvious objection to this is, that the questions hefore them might not be the same as those brought hefore our Ecclesiastical Tribunals. It is scarcely possible to conceive that they would,

in all points, exactly coincide, and in statements of. a doctrinal nature a slight difference of 'expression might materially affect the aspect of the case. Whatever aid therefore the Bishops of this Proviuce might derive from the judgment of tbe Judicial Committee of the Privy Council, their, decisions in. iheir Tribunals would still be their own, and it is a matter for grave, consideration, whether they, would carry with them general,' acceptance, or that justice would be secured thereby, either 'to the accused or his accusers, without reference to a still higher Tribunal, representing the Anglican Commission, removed, from local prejudices, and assisted by laymen learned in, law or per-. sous who have made Theology their special study. If this Tribunal should be established, and accepted by hs, and . the Archbishop be ex-officip thie President of it, a further question, would have to be considered, what would be his relation to the. New Zealand Church.. On one point we might anticipate' per-' fsct unanimity of opinion, viz., respect for his : high.ofiiee, to., so many of our clergy,; the channel, through which tfieir. spiritual authority has been derived, and the connecting link ' between ourselves and the other Colonial. Churches, our sister Churches of America, Ireland, Scotland, arid the Catholic Church of History, and further as symbolising that common faith and worship which we desire to maintain in its integrity for ourselves, and hand down to the generations which succeed us. ..'.-. ' And such respect for his office is not. inconsistent with thajk independence which we claim as a Provincial Church, an. independence which would justify us in refusing to admit, as of necessity, any change in ritual or discipline which might be sanctioned in the Church of which the Archbishop is the representative, or any interference in the election and appointment of our Bishops in contravention of the provisions of our Church Constitution. I refer to this more especially because if tho Lambeth Conference should take place, it is not unlikely that the question of a Primacy of the whole Anglican Communion in connection with the See of Canterbury which has-been suggested in the Conference of 1867, may form one of tne subjects for its consideration. Whatevor subject, however may he then considered, and whatever may be the decisions founded^ thereupon those decisions could have no binding force in New Zealand without the consent of its Church, as ascertained through her Synods ; nor, I, conceive, would the case be altered if the Bishops, who attend, were to he accompanied, as as been proposed, by some Clergymen or Laymeu selected by this Synod, as consultees and advisers. The decisions of such an assembly no doubt would be entitled to every respect, but as the report of the Lambeth Committee expresses it "would only possess the authority Avhich might be derived from the moral weight of such united counsel and judgment, and from the voluntary acceptance of its conclusions ; that is to say (for so I interpret ehe report)., an acceptance expressed not by the Representatives of a Church who might be present at the conference, but by the Church, itself afterwards in : its several Provinces, through its own constitutional Synods or Councils, and after full consideration of the decision of the Conference. It is to be desired, I think, that some of our Bishops should attend the Conference. The subjects which will probably be discussed by it are unquestionably of the deepest interest to all parts of the Anglican Communion, and the meeting itself of so many of its chief pastors for purposes of mutual counsel, even if no practical result should immediately follow, must help, under God's blessing, to, cement more closely the bdnds of union between the Churches which they represent land encourage ; them iri the duties to which they are respectively. called in their isolation from each other, Such union arid encouragement : arb ; especially needed iv these days, when the faith once for all delivered to the saints has to be maintained alike against the insidious doctrinal developments of the Church of Rome, and the open assaults of men who would overthrow it altogether, or who, unintentionally perhaps, but not less certainly, are undermining the authority on which it exists.