EPISCOPALIAN DIOCESAN SYNOD.

New Zealand Herald, Volume IV, Issue 1122, 19 June 1867, Page 6

EPISCOPALIAN DIOCESAN SYNOD.

Yesterday tlie annual session of llio Council of f tlie Church' of England and Ireland in New Zealand was opened in St. Mary's Church, Parjiell, when there was a moderately good atten- , dance of clergy and laity, among whom were Several ladies. JI is Lordship the Bishop ot IN cw Zealand and the "Vencriiblo Avchdcucoii JViiuiusell, having read prayers, the Holy Communion was administered. The Council then adjourned to the Bishop s Library, and His Lordship the Bishop of iSc.w Zealand having taken the chair, the business of the session was commenced, the following members of the Council being present :— Clergy : Yen. Archdeacon .Lloyd, lie v. Dr. Mauusell, 3Rcv. C. Baker, lie v. S Blackburn, Kev. E.N. Bree Eev. T Chapman, Eev. B. T. Dudley, Eev.'P. Gould, Eev. E. A. Hall, Eev. E. H. Heywood, Eev. J. Kinder, Eev. Y. Lush, Kev. A G. Purchas, Eev. G. Maunsell, Eev. J. B. Smyth. L'litv: Messrs. W. rttkin, J. Baber, C. F. Goldsbo'ro, .T. Gordon. J. JL. Horne, B. Maclean, A. Martin, Sir AY. .Martin, Messrs. D. McEellar, H. S. Mclvcllar, J. R. iSicholsou, A.' O'Nicll, P. D. Yonge, Hon. W. Swainson, and Major J. Speedy. His Lordship the Bishop of £Tcw Zealand, lead the following address : — AIUUIESS. My Rovcrcnd Brethren of tha Clergy— My Brethren of the Laity— You aro aware of the reasons which have induced me to convene the Diocesan Synod three months before the time at which wo have met iti former years. The invitation which reached me from the Archbishop of Canterbury was not one to be disregarded. From the tenor of the Archbishop's circular letter (now laid upon the table) you will learn tha* the proposed meeting of Anglican Bishops is for the consideration of " many practical questions, the settlement of ■which would tend to the advancement of tlio Kingdom of our Lord and Master Josus Christ, and to the maintenance of greater union in our missionary work, and to increase,.! inter-communion among ourselves,'' the meeting will not ba competent to make declarations, or lay down delinitions on points of doctrine. His grace invites all those to whom his circular is addressed, to send to him ''a list of the subjects which they may wish to suggest for consideration and discussion." The chief object of our pvesent meeting, is to ascertain whether there are any suggestions which this Synod would wish 1110 to luv beforo tlio meeting at Lambeth, You are aware that a circular has been addressed by the Bishop of London to the Bishops and other Clergymen in the Colonies, containing four questions relating to our connexion with the Church in the Mother Country. L did not an»vrer questions, as I had already written at some length on the same subjects to the Archbishop of Canterbury. I now lay upon the table a copy of the questions, with one of the many answers which have been written, viz., in a letter from Mr. Strachan Bethune, Q. C., Chancellor of tlio Diocese of Montreal, to the metropolitan of Canai'.a. Tin constitution of the branch of i hurch of England in New Zealand resembles that of the Canadian Branch, in the union of several Dioceses in one Ecclesiastical Province. THE CHURCH CONSTITUTION - . We have now tested our Church system by tlii experience of ten year.-, in which time three meetings of the General Synod, and about forty meetings of 'Diocesan Synods have b.-en held, besides the meetings of the Kural Deanery Board of Otajo and Southland. The Standing Commission of the General Synod has carried 011 its duties with regularity ; such questions as arose from time to time were easily disposed of; in no instance has any question been carried before the Law Courts : little or no expense has been incurred, and if the has not decided any very important points, we m-iy be thankful that n> serious cases have arisen requiring their intervention. 80 general has been the acceptance of our Church Constitution that I only know of one clergyman who has not expressly, cr by implication, assented to it. It was framed after long and careful consultation with the laity, in public meetings held in all the principal settlements. It was carefully and minutely revised by the late Sir John Fatteson, who, as a Judge of the highest character, and as a member of the Privy Council, could not have failed to discover anything which was either wring in principle or of evil tendency. It has been administered under the best legal advice. It li is been recognized by the General .-issemhly in the Bishop of New Zealand's Trusts Act, 185S, and in the Religious, Charitable, and Educational Trusts' Act Amendment Act, 1865. Bucce.-sivd Governors o£ .'-V.v Zea'a d have acted upon the instructions contained in a desciich, 4th February, 1861, circulated by the Duke of Vewcastle, to the Governor of this and other colonies, authorising them " to recognize the Synod oJHeitlly, to treat it as being what it virtn-.illy is, the representutice of the Anglican Church ; to place at its disposal the funds which r.unj be voted from time to time by the Legislature in aid of the Anglican Communion." The Church Missionary .-ociety, which may justly claim to be considered as the founder of the Church in this eountr}-, has allowed, and even advised, its missionaries to assi.-t the Bi-hopn arid the rest of the Cle;gy in organizing the institutions of our Coloni d Church. These aie the steps by which a system which, began in voluntary compact, has gradually conciliated the almost unanimous -upport of tile clergy and laity of our communion. While we have been thus engaged in our own quiet work, making the best of the position in which we found ourselves placed ; great changes have taken place in England, which * otild have afVec ed us .f the v/i-dom of our legal advisers had jut f<>ivsecn. When I attended a meeting at the Colonial Office in England in 1841, at which were present the Under Secretary Gf Mtitle for the Colonies, the A ttorney Geneial, and the Queen's Advocate, I well remember the eminent batrister whoucted for me, saying to the meet- ■ ing: "Gentlemen,perhapsyouarenotajvare that many persons think that the position of a Colonial Bishop would be just as good without any letters patent at all." In ISC) this opinion was rerill d by the consecration, without letters patent, of Bishops Jenner and Sut-r. The recent decisions of the Privy Council would not have affected me if I hud not been required to resign my old letters patent before the Law Oflicers of the Crown would consent to the sub division of my Diocese. Mj' own 1-tters patent were issued after the establishm ;nt of an independent legislature in New Zea'and, and have therefore no effect in conferring upon mo any ecclesiastical jurisdiction. The Attorney o'eneral, Sir I£. Palmer, stated in the House of Commons " that the moximitm operation of those letters patent seem to be to incorporate the Bishops and their successor.-, not lis an ecclesiastical corporation in the colony, but simply as a common lay corporation. Much lias been said about the decision of the Master cf tho Rolls ; but the whole effect of that judgment is thus stated by Lorl iSt. Leonards: "The question brought beforo tho Master of the Rolls wis not dependent upon mailers of doctrine; his decision was simply, as an equity judge, upon the question whether the Bishop of Natal did or cid r.ot continue to be the cestui que trust of certain funds, • and he decided in the ailirmative." The opinion of the Master of the Rolls, for it is no more than an opinion, is thus stated by the Bishop of London, House of Lords, February 15th: "Where there is an independent legislature Bishop may exercise power over the Church, with only this difference, that he must enforce his commands through the Civil Courts." And by Lord Carnarvon, in the course of tho same debate : " That the Bishop would havo authority to have recourse to tho Oml Courts of the colony for the purpose of enforcing obedience to his orders." In answer to thia opinion it seema to be sufficient to quote the following words of the judgment of the Privy Council upon the petition of tho Bishop of Natal, 20th March, 1865: " The United Church cf England and Ireland is not part of the constitution in any colonial settlement, nor can its authorities, or those who hear ojjice in it, claim to be recognised by the law of the Colony, otherwise than as the members of a voluntary association RESIGNATION 01? LETTERS PATENT. Upon the xeseipt ol thiß judgment of the Privy Council, the Bishops in New Zealand tendered their resignation of their letters patent. Wo had just concurred with the clergy and laity assembled in General Synod, passing the statutes 9 and 10, for -.establishing Diocesan Courts and defining ecclesiastical offences. These laws were applicable to all per- • soils ik holy orders, holding any spiritual ch'arge or cure in the branch of the United Church of England and Ireland in New Zealand, who shall have assented to the - .authority of the General Synod. How could we in ■common honesty assent. to these laws and then

tacitly "reserve to ourselves, as Bishops, a right of appealer saltum to tho Privy Council, when we saw tho following words in tho above judgment : "It was not legally competent to the Bishop of Natal to givo, or to the Bishop of Capetown to accept, or e.vcreise any such jurisdiction." Whatever might bo the cause of this logal incompetency, whethor the royal mandate for our consecra ■ tion or our letters patent, it was our simplo duty to pray to bo reliovcd from it, and to be left froo to act, in the only character in which tho law of tho colony can recognise us, rrs the heads of a voluntary iftsociation. _ Every person in holy orders, bishop, priest, or deacon, and every lay officer .of tho Church, is subject to tlio laws of the iSynod, to whoso authority ho has absented; and every person who considers that the laws of tho Synod have been violated by any of its tribunals, may appeal to the civil courts, from which again :t': appeal may be carried to tho Privy Council. It was 1. i without jam that I read tlio following words in the report of a speech of the Bishop of London, (House of Lords, February 15) : " 111 New Zealand, as it is said, thero has boon a movement on the part of tho Bishops to declare tho Church altogether independent, but wo havo yet to learn that this step o e . the Bishops has been sanctioned by tho Church of New Zealand." If you think it worth while to refer to tho report of our ttynod of 1805, page 12, you will find that I laid upon the tablo the Petition of tho Bibhops ; and in pago 10, that X drew your attention to it in these words : " All my brethren havo concurred in adopting, as tho only solution of our present difficulties, tho courso pointed out to ua by the recent decisions. It is no long®r a question with us, whieli line of action wo would prefer. We havo learned in whatsoever state wo are, therewith to bo content. Wo accept as a fact, and by God's blessing, wo will work out in practice, tho new theory of a Colonial Churoli, to which our eyes are now fully opened. Happily we havo nothing to alter. Our legal advisors, two of whom ate members of the present Kynod, foreseeing what was certain to come, had so framed our constitution and laws from tho first that these recent decisions have had no other effect, so far as we aro concerned, than to elucidate our system, and to confirm its legality. That wo stand unshaken in tho midst of the troubles which disturb and rend the Church is a subject of heartfelt thankfulness to Him who has preserved us from all intestine divisions, and has united us more closely ono with another, by drawing us nearer to Himself." In my opening address to tho Synod of 1566 I again "brought tho subject before you in theso words:—

"At our last meeting I laid upon tlie table a petition presented to tho Crown by the Anglican Bishops in New Zealand. I havo now tho pleasure of informing you that it has been favourably received. Tho Archbishop of Canterbury writes thus :—' Sir. Cardwell referred the memorial to me for my opinion, and I told him that tho 9chomes proposed seemed to me tho natural and neccssary corollary from that (l'he I'licg Council) judgment.' Mr. Oardwell. in introducing his bill is reported, to havo said :— 1 The Bishops ot' New Zealand haver Idressedto the Crown a petition which the Government think may reasonably bo complied with.' " I now bring the subject before you for tho third time, in order that you may havo tho opportunity of suggesting any better course than that proposed by the .Bishops. No action has vet been tokon upon our petition, and I am not aware that any new light has beon thrown upon the subject. No ono has told us what is meant by tho Supremacy, a;i applicable to t e colonies, or what is the eilect of letters patent or royal mandate in uniting us with the parent Ohurch. The questions asked by the Bishop of London all point to sotno new provisions to secure the object which we all admit to bo desirable. Wo are asked for opinion?, not as -to what already exist?, but as to what it nviy be expedient to do hereafter. It is"a fair and open enquiry, but it ought to protect us from the inputation of having asserted an independence which lias been forced upon us, and of desiring to dissolve a connexion which did not exist. The true bond which unites us with the parent Church is our unalterable declaration : That " This branch of the United Church''of England anil I>eland in Xeic Zealand doth hold and maintain the doctrine and sacraments o/CltuiaT as the Loitn hath commanded in His Holy Woiio, and as the United Church of England and Ireland hath received and explained the same. THE QUEEN'S SL'l'HElliCy. I have already said that no one has told us what is meant by the Queen's Supremacy a3 applicable to the Colonics. But wo have beon very plainly told what it is not. Her Majesty's late Secretary of State for tho Colonies (Lord Carnarvon) has told us: '• 'i'hat tho Royal Supremacy consists, speaking broadly, of throe great powers; tho power of convening Kcclesiastieal Convocations, Synods, or Assemblies, —the disposal of ecclesiastical ciusos in kcclesiastienl Courts —and lastly, the appointment of Bishops. The power of convening Keclesiastical Convocations and Synods, I believe, has never once been exercised in any single eol"nv. The decision of ecclesiastical causes in eccle.-i istical courts has been proved by lawyers over and over again to lie wholly .beyond the competence of the Crown in colonies. The appointment of bishops was the only power exercised, and that rather by way of patronage merely. But by the recent judgment of the Privy Council, oven tho power as to tho appointment nf bisiinp3 was curtailed and reduced to the merest shadow of light. Therefore, as far as the Royal Supremacy goes, it is really a misuse of tho term to speak of it as applied to any of these colonies. —House of Lords, loth Feb., ISO 7." On the subject of the various measures which have been recommended for the purpose of renewing and strength ning our temporal connexion with tho United Church of (England and Ireland, as by law established, 1 have no suggestions to oiler. But T am sure we c m heartilj concur in some resolutions which would confirm, on our part, tho opinion expressed by Lord Carnarvon : "I believe that the spiritual ties uniting the Colonial Churches to the Established Church in this country, arc stronger now than they have almost ever been, and that in spite of the man;/ unhappy dissentions of which so much is frc/iienl/i/ made, lam disposal to believe, that the arduour of their attachment, to the relii/ioii of the mother country hns increased, and wilt continue to increase, just, as the. loi/>ith/ and affection of the colonists for the mother country itself has kept pacc inith the //enerosit.;/ and freedom of the gifts made to them in matters of pwclg temporal Government. (ibid J " DIOCBSAX MANAGEMENT. The details of Diocesan administration since tho last meeting of the Synod will be found in tbe report of tho Standing Committee, which has beon printed, and is now ready for distribution. JIISHOr's COMMISSARIES. It is my intention to appoint tho Yen. Mr. Lloyd to act as my commissary in all matters relating to the general administration of the diocese, including the chairmanship of the standing Committee and tho presidency of the Diocesan Synod, if it should bo to ivenod ii myjibsenco. I intend, also, to authorise the Rev. 12. H. Ueywood to act in special matters, such as tin? arrangements for the election of lay and clerical representatives to the General Synod of 18G3, and for the election of synoclsnien to serve in tho new Diocesan Synod. native cnuiicn. I have again occasion to invito you to join with me in thankfulness to the giver of all good, for tho progress of the Native Church in the midst of so much difficulty and discouragement. Since our last meeting, Itev. Setli Tarawhiti and Bev. Matthew Taupaki were admitted to Priests Orders in September, I860; and Kev. Daniel Tuhua and R o v. Leonard Tangata were admitted to Deacon's Order, on Trinity Sunday, in the present year. Again, I say, let us take courage. Though the chariot drive heavily, the wheels are not taken off—the spirit of the living creature is still in them. Mr. 11. S. McKellae and the Rev. E. H. Heywood seconded " That the thanks of this Synod be presented to His Lordship the Bishop of JSfew Zealand for the address now read, and tliat lie be requested to allow it to be printed." Carried. APPOINTMENTS. The following appointments were then made : Secretaries, The iLev. C. H. Ueywood, and Mr. J. Gordon ; Treasurer, Mr. H. S. McKellar. IJ is Lordship the Bishop of New Zealand then read the report of tlie standing committee as follows:—■ EEPOET Of the Standing Committee of the Diocese of lifew Zealand, presented to the Diocesan Synod, June 16th, 1867. Your Committee was elected on the 20th day of September, •18G6, as appears, by Beport of Second of the Fourth Synod of the Diocese of New Zealand, page 23.

Meetings havo been held on the following days":— 1866—25 th September, loth November, 13th December. 1867—17 th January, 14th March, 12th April, 10th May, dth June. j Tho dotails of our Proceedings may bo.soen by any Member of tho Synod in tho Minute Book now laid ! upon the tablo. Tho following is a summary of tho principal matters with roferonces to tho pages of tho Miuuto Book in which tho details will ho found. I. CLUHQYMBN. 1. Rev. "V. Lush.—Eev. V. Lubli has continued to visit Port Waikato, Waiuku, Mauku, Tuakau, Pokono, Drury and Papakura. 2. Rov. R. A. Fall.—Tho Kev. R. A. Hall has visited tho portion of Mr. Lush's Into district which is now annexed to llowick, including Wairoa, Otara, and Turanga Creok. 3. Ci clo of Visitation.—Tho Clergy havo arranged a Cycle of Visitation for tho Outlying Districts, pursuant to which Archdeacon Lloyd has visited Mahuraugi; Rov. Dr. Maunsell, Rev. T. Chapman and Rov. J. Kinder havo visited Coromandel ; Kev. Dr. Maunsell has visited Lower Waikato ; Rev. E. N. Bree has visited tho Maugakaramoa District and Rov. F. Gould has visited tho Kaipara District twico. ■i. Rov. Longsdalo Pritt.—Your Committoo have recognised tho Rov, Lonsdale Pritt as visiting clergyman for tho Upper Waikato District, and havo guarantee! him a stipend of £100 for twolvo months out of tho Homo Mission. Tho Bishop lias guaranteed a further sum of £100, and it is hoped that tho samo amount will bo raised in tho district to mako up tho £300 to which Mr. Pritt is entitled by tho Diocesan Scale. 11. GRANTS TO CLEEGTMEN AND LAY READER havo boon voted at tho following rate per annum : — Rev. V. Lush, £200; Kov. L. Pritt, £100 ; Rev. H. W. Cottlo, £50 ; Rov. J. Duffus, £25 ; Rev. O. B. Dunn, £25 ; Mr. Tutor, £35. Tho Grant from tho Society for tho Propagation of tho Gospel now stands at tho reducod amount of £150 per annum, of which tho Bishop intends to dovote £100 to the Province of Auckland, and £50 to Taranaki. 111. BISHOPRIC ENDOWMENT FUND. Land has been bought for tho Endowment of the Bishopric at Rexnuera and Tauranga with a portion of tho sum of £651, handed over to tho Bishop by tho Troasuror of this Fuud. The subject lifts not hoen neglected ; and subscriptions have been received from annual subscribers: but it has not been considered expedient to mako any public effort during the present state of depression in the province. IV. PAROCHIAL ENDOWMENT FUND. No changos havo takon placo in tho securities upon ■Which this Fund is lent. Tho Interest has been paid with as much regularity as could bo expected : and no losses have been sustained. V. FIRE INSURANCE. Tho Fire Insurance Branch of tho Central Pension Fund has accumulated a Capital of .CG4B, and we have again reason to bo thankful that no casualty has oocurrod. VI. LIFE WsmiANOR. Tho Lifo Insurance Branch of tho Central Pension Fund has accumulated a Capital of more than £250. Seventeon insurances have beon eirected. VII. GIFTS OF LAND. Tho following gifts of land havo been roeeivod :— Site of All Saints' Church—Rev. B. ST. Ashwoll, 10 acres ; A. Buckland, Esq., 20 acros. VIII. KHLIEt' Ol' THE I'OOIt. Tour Committee have given much consideration to tho subject of tho relief of the poor; but it lia3 not been found possible to carry out any other plans than those which aro at present in operation under the direction of the Parochial Olcrgy. IX. NEW CIIURCIIK3. New churches aro in progress at tho following places:—Warkworth, (Mahurangi) Alexandra ; Hamilton ; St. Peter's iu the Forest, Rarairaraa. The following Jfow Churches have beon oompletod : —All Faints. Pousonby Road, Auckland; St. Matthias, Panmure. X. ONKIttXNGA. Your Committee have non- tho pleasure of reporting that tho Onehnnga question has been sottled, Tho Bishop of Waiapu and Sir William Martin kindly undertook to art as arbitrators. The Diocesan Trustees enf-.ved into u written engagement to civry out tho aw .; dof tho arbitrators. Rov. A. Q-. Purchas ulsj placed his resignation in their" hands. A Sub-committee was appointed by us to prepare a statement to be laid before tho arbitrators. Your committee added a furthor statement to tho Report of 1 tho Hub-committee. After some furthor stops, a Deputation of your Committee was appointed to moot . Kev. A. G-. Purchas beforo tho arbitrators. Finally, tho arbitrators awarded to. Kev. A. Gr. Purchas £ s. d School .... 161 12 0 Salary .... IS2 7 2 Parsonago .... 150 0 0 £193 19 2 Tho above amount was accordingly paid by i:i • Diocesan Trustees to tho Rev. A. Ct. Pttrchts ; and his resignation was delivered to tho Bishop. It <vas then resolved that the Bishop bo recom:m;:i led to allow Rev. A. Gh Purchas to remain in temporary charge of tho Parish of Onehunga ; an.l tint the Diocesan Trustees bo authorized to allow him to , occupy the Parsonage as a yearly tenant at a rental . of £.30. XI. EDI-CITION. In compliane- with a Resolution (S'o. 18) of tho Diocesan Synod a letter was written to His Honor tho Superintendent, and an answer was received from him which is entered in the Minuto iiook. XII. loans. [ Your Committee have sanctioned tho following , Loans on approved personal security : — £ s. d. To St. Matthew's Church . 750 0 0 i " All Saint's Church . . SOO 0 0 •' Diocesan Trustees . . 000 0 0 XIII. S. KKJU'TIIORNR, BSQ. I Your Committej losolved that tt had no authority , to interfere in a question relating to tho management ; of St. Mary's Parish, and informed Mr. Kompthorno , that by Section 20 of tho Church Constitution and . Statute 6, Section 10, of tho General Wynod, any , person who may deem himsolf aggrieved by nny decision of tho Diocosan Synod may appeal to the ! Standing Commission. l The Chairman of the Standing Commission report- >• ed to your Committee, tho Resolutions printed in tho Circular by which this Synod was convened, and it was resolved that they should bo brought under tho consideration of tho Synod. Another letter from Mr. Kempthorno was submitted by tho Bishop to the consideration of your Committee, and it was resolvod that the Bishop was not called upon to interfere in tho mattors alleged in Mr. Kompthornc's letter. ' Another letter was received from Mr. Kempthorno ' requesting that an investigation of his complaint might be hold at tho forthcoming Synod : and also | requesting to bo informed what stops should bo taken to obtain such investigation. It was rosolved that the proper courso for any ono who considers himself aggrieved is to present a Petition to tho Diocesian Synod. XIV. IIEETINO AT LAMIIKTH. The Bishop laid before your Committee a Detter from tho Archbishop of Canterbury inviting him to attend a meeting of Anglican Bishops to he held at Lambeth in September next: and it was resolvod, tliat it was expedient that tho Bishop scould be present at the proposed Meeting. The Bishop and Mr. Shirley W. Hill wore authorised to prepare this Report, which thoy now present to the Synod! Gh A. New Zealand. SIUE'/EY W. id ILL. ' The Eev. E.' H. Hetwood moved that the report be received. Mr. O'Niell said lie regretted that no allusion had been made in the report to the requirements of the North Shore Districts,- although the inhabitants were willing to subscribe the suin of £50, for the purpose of securing the periodical ' ministration of a clergyman. His Loedsixip said the report merely referred to past events, and any such measure as that alluded to by Mr. O'JS iell would be a subject for : future consideration. The report was then received. The report of the Pension Fund was also read ' and received. 1 Several notices of motion were given, and a motion was put and carried, that the Synod meet daily at 4 o'clock in fclie afternoon except 1 on. Sundays. ' On the motion of Mr. J. H. Hobne the Council f adjourned until 4 p.m. this day.