of Cbica^o
KUbrcmes
THE CONSTITUTIONAL HISTORY OF THE
AUSTRALIAN CHURCH
THE CONSTITUTIONAL
AUSTRALIAN JC&URCH
By
R. A. GILES, M.A.(OXON.),
VICAR OF SHERIFFHALES
WITH A FOREWORD BY THE RIGHT REV.
THE LORD BISHOP OF SALISBURY
LONDON:
SKEFFINGTON & SON, LTD.
235 REGENT STREET, OXFORD CIRCUS, W.i
1929
Printed in Great Britain at
The Mayflower Press, Plymouth. William Brendon & Son, Ltd.
183134
VIRO REVERENDISSIMO
HENRICO LOWTHER CLARKE, S.T.P., I.C.P.
NUPER PER XV. ANNOS
MELBURNENSI ARCHIEPISCOPO
Qui summo ingenio praeditus
et vitas simplicitate insignis
Ecclesise sapientissime prsefuit,
necnon et res ecclesiasticas provinciales
praeclare et gessit et descripsit,
Hanc ecclesias australensis historiam,
Testimonium qualecunque reverentije et amoris
de.dicat
R. A. GILES
FOREWORD
" "TF the Anglican Communion is to render that service
I to the varied needs of mankind to which the Church
.-* of our day is specially called, regard must be had both
to the just freedom of its several parts and to the just claims
of the whole communion upon its every part." It is now
twenty years since these words were written in the encyclical
letter of the Lambeth Conference of 1908, 1 but they have
gained, rather than lost in poignancy during the intervening
years. The adjustment of loyalty and liberty is a problem
which goes back to the first great Christian missionary and
earlier. How to reconcile the claims of loyalty to the Church
Catholic with that liberty of spirit which is the privilege of
every community is one of the greatest problems with which ,
the Church in every age has been faced.
To effect this reconciliation we have to go down to the
very roots of our conception of the visible Church. Granted
that the Church is the expression of that inward fellowship
which belongs to all followers of Christ, what is its proper
organization upon earth ? Shall we aim at local autonomy
or centralized government ? Are we federalists or papalists ?
And if local autonomy is our ideal, how shall we prescribe
the areas in which autonomy is to be set up ? What is the
precise meaning of the phrase " particular or national
churches" in our 34th Article ? And again, is there any
nexus to safeguard the orthodoxy of these " national and
particular churches " other than the unity of spirit which
binds them together in the one body under the common
Head Who is in Heaven ? It is questions of this kind that
have occupied leading churchmen in all our young churches
of the Dominions, for the political aspirations of these Domin-
ions towards nationhood has its counterpart in the spiritual
sphere, and in one way or another each of these churches
is working out its own answer.
In Australia this process has been slow and only now is
finality in sight. The relationship between the Church in
1 Page 40.
8 FOREWORD
Australia and the Anglican Communion as a whole has never
been satisfactorily denned in theory, and the lack of definition
has both hindered effective work and also opened the door to
controversy. But a change is in sight. As a result of the
willing labour and co-operation of leading Churchmen
throughout Australia a Constitution has been evolved to
remedy the present state of affairs ; and by the readiness of
many of the dioceses to sacrifice time-honoured privileges,
the new Constitution has now reached the stage at which it
is practically certain to become law.
It is a thrilling moment in the history of the Australian
Church. After long and patient investigation the claims of
freedom have been harmonised with the claims of loyalty.
By its united action the Church has once more vindicated
the divine life which inspires love, and by God's grace the
Australian Church will now go forward to fresh labours and
more glorious conquests for Christ.
Mr. Giles has put us all under a great obligation by his
comprehensive survey of this great process. He has shown
in this volume how unsatisfactory was the situation before
the relationship between the Church in Australia and the
Anglican Communion was satisfactorily defined. He has
traced the steps by which that situation has been cleared up.
In this work he has built with loyalty and with discrimina-
tion upon the foundation laid by the late Archbishop of
Melbourne in his volume on Constitutional Church Govern-
ment, and he has had the advantage of Dr. Micklem's
Moorhouse Lectures on The Principles of Church Organiza-
tion. But the work here presented is the fruit of his own
zeal and application. It is frankly intended as a book of
reference ; but it appears at an opportune moment, and there
will be many who will find in it not only an accurate
presentation of the facts, but a story full of interest and
encouragement of the birth and development of a modern
Church.
ST. CLAIR SARUM.
THE PALACE,
SALISBURY.
PREFACE
AT the present time, the Australian Church is at-
tempting with an unprecedented determination to
set her constitutional house in order. The situation
in which she now finds herself is the result of a growth of
some 140 years, a growth in which there has been no uni-
formity of development. The Church in each Colony was
originally an isolated unit and this isolation has never been
successfully overcome ; effective unity has been an ideal
rather than a reality, at times hardly even an ideal; and
the bond of union has been rather the inheritance of a
common tradition than a visible outward organiza-
tion. To secure outward as well as inward unity and by so
doing to place the Church in the different States on a
uniform basis, is the purpose of the present endeavours of
the Church in Australia. It may involve the rupture of
some old ties, but those whose vision is widest are
agreed that the proposed legislative changes are highly
necessary.
It is the-aim of this treatise to trace out the development
of the history of the constitution of the Church in Australia
from the time of the first settlement on the Continent in
1788. Not unnaturally, the task has been rendered much
more difficult by the absence of any uniformity of growth in
the various Colonies ; but the correspondingly greater interest
resulting from this diversity has been a more than adequate
compensation. Chapter I, which is of the nature of an intro-
duction, need be read only by the unsophisticated ; it deals
with the romance of the exploration and civil development
of the Continent. The close connection between the ecclesi-
astical and civil legislation of the Colony at several
points rendered an account of the latter necessary
(Chapter II). ,
A third chapter is devoted to the history of the Church
in Australia (apart from specifically constituted problems).
Chapter IV, where our main theme begins, treats the course
io PREFACE
of development up to the middle of the last century.
Chapter V deals with the highly important Sydney Con-
ference of the year 1850. Then follow six chapters, devoted
to the growth of synodical government in the differing
Colonies ; Victoria and South Australia are treated first
since they exemplify in a pure form respectively the two
fundamental methods of Church organization in Australia.
In New South Wales, the oldest Colony (treated in Chapter
VIII), the development was particularly involved.
Chapter XII treats of legislation in so far as it con-
cerns Church property. In the remaining chapters we are
brought into contact with the later organization of the
Church, and its relation to the burning problems of
to-day.
As far as possible, I have used the original authorities.
Many of these will be found, printed (I believe in some cases
for the .first time) in the Appendices. Most of the Letters
Patent are to be seen in the Archiepiscopal Registers and
Act Books in the Lambeth Palace Library ; but in some
cases reference must be made to the Public Record Office.
For the legal documents, reference of course has been made
to the proper legal sources. Much invaluable material for
the early history of the Church is to be derived from the
Historical Records of New South Wales and the Historical
Records of Australia, two works which are admirably
edited, the latter of which is still unfinished.
It is necessary to make some reference here to the
enormous collection of material which was made by the
late Dr. H. Lowther Clarke, Archbishop of Melbourne, in
his Constitutional Church Government. That book will for
long be of the greatest value in directing those who are
working on the Constitutional History of the Church in our
different Colonies to those endless sources of information
with which the Archbishop was acquainted.
But a caution is necessary. The book is not only at times
inaccurate in the text, but even some of the documents
which the Archbishop prints are found not to agree on
comparison with the originals, since they have often been
amended (sometimes without any mention of the fact) in
accordance with later legislation. If Dr. Lowther Clarke
had been spared to revise the work for a second edition, no
doubt most of these defects would have disappeared. As
it is, they detract seriously from its value for the historian.
Such criticisms may appear ungenerous towards an author
PREFACE ii
no longer with us, above all on the part of one who knew
him, and valued him as a counsellor and friend and to
whose inspiration the present treatise owes its genesis. But
the Archbishop himself never allowed such matters to
influence his own considered judgment, and if I presume to
point out what I consider the defects as well as the merits
of his volume the only previous work on the subject I
am but following the noble spirit of its author. It is as a
slight tribute to Henry Lowther Clarke's sterling and single-
minded integrity of purpose that the author ventures to
inscribe his name at the beginning of this volume.
In conclusion, I have the pleasant duty to perform of
thanking those without whose generous assistance the
present work would never have been completed. First and
foremost my thanks are due to Professor Claude Jenkins,
Professor of Ecclesiastical History at King's College,
London, and Keeper of the Records at Lambeth, for
the directions of this study, particularly in its earlier
stages.
Several kind friends and acquaintances have assisted,
either in criticism of the manuscript or in supplying in-
formation. Among these are Dr. L. B. Radford, Bishop of <
Goulburn ; Dr. P. A. Micklem, Rector of St. James', Sydney,
and author of The Principles of Church Organization;
Dr. St. Clair Donaldson, formerly Archbishop of Brisbane and
now Bishop of Salisbury ; Professor the Hon. J. B. Peden,
K.C., M.L.C., Chancellor of the Diocese of Bathurst, New
South Wales ; Dr. W. Charles Prichard, Editor of the
Church Standard, Australia ; The Right Reverend G. A.
D'Arcy-Irvine, Coadjutor Bishop of Sydney. To the
Librarians of the following libraries for valuable assistance :
The Lambeth Palace Library ; the Library of the Middle
Temple ; the Library of S. Deiniol's College, Hawarden j
the Mitchell Library, Sydney ; the Royal Historical
Society's Library, Sydney ; and the Library of the Bishop's
Registry, Sydney. The last three named were consulted on
the occasion of two recent visits to Australia. For the loan
of books and documents I am indebted to Mrs. E. W.
Tufnell ; the Primus of Scotland ; the Bishop of Salisbury ;
and the Libraries of the S.P.C.K., the S.P.G., and the C.M.S.
To my former tutor, Dr. D. C. Simpson, Oriel Professor of
the Interpretation of Holy Scripture at Oxford, I am
indebted for much valuable advice ; to the Rev. F. L.
Cross of the Pusey House, Oxford, for assistance in the
12 PREFACE
preparation of the manuscript for publication. My sister,
Mrs. H. M. Spong, has devoted countless hours to the
transcribing of the text ; to her also I owe a great debt of
gratitude.
R. A. G.
SHERIFFHALES -VICARAGE,
SHROPSHIRE,
September ist, 1928.
CONTENTS
PAGE
FOREWORD 7
PREFACE 9
CHAPTER
I. AN OUTLINE OF AUSTRALIAN HISTORY . . -15
II. THE DEVELOPMENT OF CIVIL LEGISLATION IN
AUSTRALIA . . . . . .29
III. THE 'HISTORY OF THE AUSTRALIAN CHURCH . . 39
IV. THE BEGINNINGS OF THE CONSTITUTIONAL HISTORY
OF THE CHURCH . . . . ... -55
EXCURSUS TO CHAPTER IV . . .71
V. THE 1850 CONFERENCE AND THE EVENTS WHICH
FOLLOWED . . . . \ '75
VI. VICTORIA: AN EXAMPLE OF "LEGISLATIVE ENACT-
MENT" 83
VII. SOUTH AUSTRALIA : AN EXAMPLE OF " CONSENSUAL
COMPACT" .. .97
VIII. NEW SOUTH WALES 103'
IX. TASMANIA , . . . . . . 114
X. QUEENSLAND . 118
XI, WESTERN AUSTRALIA 126
EXCURSUS TO CHAPTER XI .... 133
XII. CHURCH PROPERTY AND STATE AID . . .135
XIII. THE GENERAL SYNOD 146
XIV. THE LEGAL NEXUS 158
XV. THE DRAFT BILL . . . . . . . 168
XVI. THE CONSTITUTIONAL CONVENTION AND AFTER . 183
DOCUMENTS
A. THE FIRST CHAPLAIN'S COMMISSION. (1786) . . 195
B. LETTERS PATENT ADDING THE WHOLE OF THE
TERRITORIES WITHIN THE LIMITS OF THE CHARTER
OF THE UNITED COMPANY OF MERCHANTS "OF
ENGLAND TRADING TO THE EAST INDIES TO THE
SEE OF CALCUTTA. (1823) 195
C. LETTERS PATENT APPOINTING THOMAS HOBBES SCOTT
ARCHDEACON OF NEW SOUTH WALES. (1824) . 198
D. DISPATCH OF EARL BATHURST TO SIR THOMAS
BRISBANE. (2isi DEC., 1824) , * . 201
13
14 CONTENTS
PAGE
E. SKETCH OF A PLAN FOR THE ECCLESIASTICAL
GOVERNMENT OF BRITISH INDIA, AND OF CERTAIN
COLONIAL POSSESSIONS OF THE CROWN OF GREAT
BRITAIN. (1830) 204
F. LETTERS PATENT FOR ASSIGNING NEW LIMITS TO
THE DIOCESE OF CALCUTTA AND FOR CONFERRING
ON THE BISHOP 'OF CALCUTTA METROPOLITICAL
JURISDICTION IN INDIA. (1835) .... 205
G. DISPATCH OF GOVERNOR BOURKE TO RT. HON. E. G.
STANLEY. (SEPT. SOTH, 1833) . . . . 212
H. LETTERS PATENT , APPOINTING WILLIAM GRANT
BROUGHTON BISHOP OF AUSTRALIA. (1836) . 219
I. LETTERS PATENT APPOINTING GEORGE AUGUSTUS
SELWYN BISHOP OF NEW ZEALAND. (1842) . 226
J. LETTERS PATENT APPOINTING BISHOP BROUGHTON
METROPOLITAN OF AUSTRALASIA. (1847) . . 231
K. THE MINUTES OF THE 1850 CONFERENCE . . . 237
L. THE VICTORIA CHURCH CONSTITUTION ACT. (1854) . 247
M. THE CONSTITUTION OF THE PROVINCE OF VICTORIA.
(1905) . 251
N. THE CONSTITUTION OF THE DIOCESE OF ADELAIDE.
(1855) ^ 254
O. RESOLUTIONS OF THE DIOCESE OF ADELAIDE. (1852) 260
P. A MEMORIAL OF THE DIOCESE OF ADELAIDE TO QUEEN
VICTORIA. (1853) . . . . . 264
Q. THE REV. RICHARD JOHNSON'S LETTER OF SEPTEMBER
3RD (1793) . . . . . . .265
R. AN ORDER IN COUNCIL DISSOLVING THE CHURCH
CORPORATION. (1833) . . . . .266
S. THE MINUTES OF THE 1868 CONFERENCE . . .267
T. THE ORIGINAL CONSTITUTION OF GENERAL SYNOD.
(1872) . . . . . . . .271
U. GENERAL SYNOD DETERMINATION, No. i. SESSION
1876 275
V. GENERAL SYNOD DETERMINATION, No. i. SESSION
1881 . . . . . , . . 276
W. THE DRAFT BILL (1926) FOR THE NEW CONSTITUTION 279
X. REPORT OF A COMMITTEE ON CONSTITUTION TO THE
GENERAL SYNOD. (1921) 301
******
TABLE OF BISHOPS OF THE CHURCH IN AUSTRALIA 309
BIBLIOGRAPHY . . . ... . . . .311
INDEX t , , ., . ... . . . 315
The Constitutional History
of the Australian Church
CHAPTER I
AN OUTLINE OF AUSTRALIAN HISTORY
I. INTRODUCTION
r I \HE conditions under which Christianity grew up
in the British Colonies were unknown before in
the history of the Church.
The Church, indeed, from the first has had an essentially
missionary character, and this has meant that growth is as
fundamental to it as to any living organism. But it is almost
solely to modern times that we must look for the growth of
a Church in a land where the great bulk of the population
were themselves Christian Colonists. For such, Christianity
is something which they have brought with them, and in
such circumstances the history of the Church is inseparable
from the history of the State. Throughout the Empire the
English Church has followed in the wake of the Colonists.
No apology, therefore, is needed for a short introduction
dealing with the growth of Colonisation in Australia.
II, EARLY EXPEDITIONS
This great southern continent-^-the Terra Australia
Nondum Cognita 1 was thought to form the southern shores
of the Straits of Magellan, and the old maps show a north-
ward projection of it in the region since found to be occupied
by Australia with New Guinea drawn as a separate island
off the main coast. It is probably to the Portuguese that
this reference on the map owes its origin ; for there is reason
to suppose that, while on the eastward passage to the
l Wyfliete's Map 0/1597. See Bartholomew & Cramp's Atlas of
Australian Maps, 1919, p. 47.
15
16 THE AUSTRALIAN CHURCH
Spice Islands, their ships were driven out of their course by
storms. This, however, is only hypothesis. There is no
written record to substantiate the theory, and Australia
was an unknown land at the opening of the seventeenth
century.
To the credit of the Dutch lies its early exploration, for,
in 1606, the Dutch authorities at Bantam despatched
William Janszoon to make investigations. Janszoon
explored the south-western coast of New Guinea and the
eastern side of the Gulf of Carpentaria, and, not realising
that a passage existed between them, thought that New
Guinea and Australia were one. In the same year, two
Spanish commanders sailed from South America with the
object of exploring the South Pacific. They discovered the
Polynesian Islands and then separated, Luis Vaez de
Torres, the more persevering of them, continued till he
sighted the east end of New Guinea, sailed along its south
coast, and proved it to be an island by passing through the
strait which now bears his name. On his return to America,
however, news of his discovery was not made public.
The exploration of Australia began again in 1616 and
during the next decade a series of Dutch voyages resulted
in the charting of the western, and of half of the southern,
coast by merchantmen driven out of their course on the
voyage from the Gape of Good Hope. Two voyages in 1623
and 1636 revealed parts of the northern coasts to the west
of the Gulf of Carpentaria. But Australia was not proved
to be an island continent till 1642, when Abel Tasman
sailed from Batavia to solve the problem. He first went to
Mauritius, and then sailed far into the Southern Ocean, and
turned eastwards until he sighted a land which he named
after Van Diemen, the Governor-General of the Dutch Indies. l
He pressed on farther east until he discovered the south
island of New Zealand, which he named Staaten Land.
Thence he returned to Batavia by the .north of New Guinea,
thus circumnavigating Australia and showing conclusively
that it was an island. Two points, however, should be noted :
first, he did not sight the eastern shore, which remained
unexplored for another century ; secondly, he did not
grasp the fact that Tasmania was a separate island. With
the voyages of Tasman, the exploration of Australia and
the Pacific ceased until the end of the seventeenth century,
mainly because the Dutch were seeking for rich trading
1 The name Van Diemen's Land was later (1853) changed to Tasmania.
AN OUTLINE OF AUSTRALIAN HISTORY 17
lands rather than for sites for settlement a fact which
also accounts for their lack of interest in new discoveries.
For some fifty years, Australian exploration remained at a
standstill.
III. DAMPIER
To the Englishman, William Dampier, must the revival
of interest in this little-known land be attributed. He was
evidently unaware of Tasman's discoveries, as he declared
himself uncertain whether the land was an island or not.
Dampier, as a West India buccaneer, made a visit in 1689
to the west coast. This, his first visit, was but a cursory
one, as he decided the place was useless for his own particular
business of piracy. But in 1699 Dampier again set out,
this time in command of a King's ship, the Roebuck, and,
in August of that year, reached the west coast, of which he
gave an account substantially identical with that previously
given : i.e. that it was of little value. These reports afforded
little inducement to further exploration. 1
IV, DEVELOPMENTS FOLLOWING ON SEVEN YEARS' WAR ,
The close of the Seven Years' War heralded the real
beginnings of Australasian development at the hands of
the British and the French. The English victories in that
War had aroused in ourselves the fever for further coloniza-
tion ; in the French the necessity for it. Four British and
three French expeditions sailed for the Pacific between the
years 1764 and 1771 with the hope of making discoveries in
these latitudes. Of the British navigators, the most note-
worthy was Captain James Cook, who, in 1769, in command
of the Endeavour, conveyed a party of scientists, including
Sir Joseph Banks, to Tahiti to view the transit of the planet
Venus across the disc of the sun. This object achieved,
Cook determined to visit the lands discovered by Tasman
in 1642,2 and "after some weeks spent zigzagging in these
uncharted latitudes" New Zealand was reached and
circumnavigated, and its coast charted with some degree
of accuracy. Continuing his voyage westward, Cook sighted
the coast of Australia at a point which he named Ram
Head from its similarity to a headland of the same name in
* For those who wish for fuller information relative to the early voyages
of discovery of Australasia, reference should be made to R. W. Giblin's
recent book, The Early History of Tasmania (1928), particularly Chapters
il-ix. * Banks' Journal.
i8 THE AUSTRALIAN CHURCH
Ireland. Landing at a small bay where the vegetation was
found to be most varied and luxuriant, Sir Joseph Banks
gave it the name of Botany Bay. Here Cook hoisted the
English flag, taking possession of the country in the name
of His Majesty King George III, and calling it New South
Wales. He returned to England by way of the Barrier
Reef, Torres Strait, and the Indian Ocean. By this time
the outline of the Australian coast was known, except that
Van Diemen's Land was still thought to be part of the
mainland. 1
On a second voyage, 1772-5, Cook penetrated far into
the Antarctic ; and on a third, 1776-9, he revisited Van
Diemen's Land and New Zealand, and tried unsuccessfully
to find the North-West passage from the Pacific side. On
his return voyage in 1779 he was killed by the natives of
Hawaii. 2
V. EFFECT OF AMERICAN WAR OF INDEPENDENCE
One event of this period had considerable influence on
the development of colonization, viz. the loss of the American
Colonies. It was even suggested by a certain Matra 3 that
the Australian Colonies would prove a suitable place of
refuge for the loyal Britishers in America. In 1783 (under
the date Aug. 23) he sent a letter to Lord Sydney, the
Secretary of State for the Colonies, headed, " A Proposal
for Establishing a Settlement in New South Wales." The
letter contained a detailed account of the natural resources
of the Colony, and of the possibilities of their development.
" This country," he tells us, " will afford an asylum to
those unfortunate American loyalists whom Great Britain
is bound by every tie of honour and gratitude to protect
and support, where they may repair their broken fortunes,
and enjoy their former domestic felicity." 4 Full details
regarding the method of sending out expeditions to the
Colony are given ; and an attempt is made to alleviate any
fears that the Government may have regarding loss of
population through emigration. In fact, the whole scheme
was admirably worked out. The loyalists, however, were
1 This mistaken idea was not , corrected till 1798 when Dr. Bass dis-
covered the Straits which have since borne his name.
8 Giblin, op. cit., p. 67.
8 His history is obscure. He appears to have been of Corsican descent,
and was a member of the expedition referred to above sent out to Tahiti
to observe the transit of Venus. Cf. an article in the Journal and Pro-
ceedings of the Royal Australian Historical Society, Vol. X, Part III,
pp. 152 ff. * Quoted, ibid., p. 156.
AN OUTLINE OF AUSTRALIAN HISTORY 19
not favourable to so .hazardous an undertaking, but pre-
ferred the colonization of Canada. 1
But the American secession did contribute to Australian
development in another way. England had for many years
previous to this sent her convicts to serve their sentences
on the plantations of Virginia and Barbados ; but after
1775 their transportation to America became impossible.
England then adopted many makeshift schemes, one of
them being the confining of criminals in the hulks on the
Thames estuary, with the possibility of constant revolts
and escapes as thes'e prisons became more congested. Then
a plan for penal settlement was evolved, and several sites
proposed, among them being the West Coast of Africa,
which was rejected on humanitarian grounds as being
unhealthy.
Under the powers conferred by the Transportation Act,
George III, 1782, an Order-in-Council was issued from the
Court of St. James, December 6th, 1786, when New South
Wales was first named as a place of transportation. The
scheme is summarized in the following passage in the
King's Speech at the opening of Parliament on January
23rd, 1787, " A plan has been formed by my direction for
transporting a number of convicts in order to remove the
inconvenience which arose from the crowded state of
the gaols in different parts of the kingdom, and you will,
I doubt not, take such farther measures as may be
necessary for this purpose." 2
VI. EXPEDITION UNDER PHILLIP
In pursuance of this scheme, Sir Joseph Banks proposed
that a penal settlement should be established at Botany
Bay ; and a fleet of convict ships was sent out which arrived
there in 1788. The direction of the enterprise was en-
trusted to Captain Arthur Phillip, an officer who had served
with distinction in the navy. This " first fleet " consisted
of the Sinus and the Supply, together with six transports
for the convicts, and three ships for carrying the stores.
Of the convicts five hundred and fifty were men and two
hundred and twenty were women. To guard these, there
were on board two hundred soldiers and marines. Second
in command was Captain Hunter (afterwards Governor),
with Mr. Collins as Judge-Advocate and the Reverend
* Williamson: A Short History of British Expansion, p. 511.
8 Hansard, Vol. XXVI, p. 2ii.
20 THE AUSTRALIAN CHURCH
Richard Johnson, B.A., as Chaplain. A few free settlers
completed the number. The voyage, which was by way of
the Cape of Good Hope, occupied nearly nine months.
On arrival at Botany Bay, Captain Phillip, dissatisfied
with the general conditions of that locality and of the
anchorage, set out for Port Jackson a spot previously
marked by Captain Cook ; and there, on January 26th,
1788, a day since observed in Australia as Foundation Day,
he unfurled the English flag at a point to which was given
the name Sydney Cove in honour of Lord Sydney, the then
Secretary of State for the Colonies ; and to this site, within
a week of his arrival, he transferred the whole enterprise.
At the moment when Captain Phillip was effecting this
transfer, an expedition, sent out by the French Government,
under La Perouse, whose instructions were not only to
annex a site on Botany Bay, but also the whole eastern
coast from Torres Strait to Van Diemen's Land, hove in
sight. The French commander thus found himself fore-
stalled by six days, and after exchanging civilities with
Captain Phillip, sailed away and was never heard of again.
In 1827 discoveries of wreckage of his two vessels were
made by one Captain Dillon at Vanikoro, a small island of
the Santa Cruz group. 1 A monument has been erected to
his memory at Botany Bay. 2
VII. EARLY CONDITIONS IN AUSTRALIA
The- task that lay before Captain Phillip was such a;s
confronted no other Englishman of his time new and
strange conditions of climate and environment ; the menace
of the natives, who though armed only with their own
primitive weapons and incapable either of sustained or
intelligent resistance to the new-comers were yet actively
hostile, and troublesome ; but above all the anxiety laid
upon him in the character of the convicts, the majority of
whom were men of most dissolute and depraved nature,
lacking all the attributes of industry and decency, and
amenable only to the discipline of the lash. Moreover, the
women, with few exceptions, were ill-fitted to become the
mothers of a new nation that was to occupy this southern
land, though, as an historical fact, they had little part in
the ancestry of present-day Australians. 3
1 Giblin,o. tit., p. 85.
4 One in honour of Captain Cook stands on the South Headland.
3 Williamson, op. cit., p. 513 n.
AN OUTLINE OF AUSTRALIAN HISTORY 21
Governor Phillip had only his officers and a handful of
marines to control these unpromising pioneers ; but in 1790
the Home Authorities authorized the establishment of a
New South Wales Corps to take over this duty, and its
officers and men, eventually receiving grants of land,
became the first free and genuine settlers of Australia. 1
Phillip remained till 1792, sufficiently long to see the Colony
through this anxious period of establishment ; and to his
administration, firmness, and discipline can be accredited
the averting of disaster and famine. It was not till 1794
that New South Wales was in a position to provide sufficient
com for its needs ; and on more than one occasion, starva-
tion and annihilation, owing to the failure of crops due to
the unskilled method of cultivation, were averted only by
the timely arrival of food ships. In 1798 the whole Colony
is said to have been " actually naked," having neither
clothes to wear by day nor blankets in which to wrap
themselves at night. 2
VIII. GROWTH UNDER PHILLIP'S SUCCESSORS 3
Phillip departed in 1792 on furlough, leaving Major Grose
in charge until the arrival in 1795 of Captain Hunter 4 to
occupy the position of Governor. At the close of. Hunter's
term of office in 1800 the British Government contemplated
the abandonment of the whole transportation policy on
account of its heavy cost to the nation ; but the pleadings
of Sir Joseph Banks averted this decision.
Captain King succeeded Hunter in 1800, and under his
administration, commercial enterprise was greatly de-
veloped. It was about this time that free settlers began to
arrive, taking up the land and farming it on a productive
scale. Private enterprise was beginning to supplant the
military control and State rationing of foodstuffs ; and the
social organization soon began to lose the entirely military
character which it had assumed. Moreover, the staple
1 Historical Records, New South Wales, Vol. Ill, pp. 167, 170, 217.
9 f*>f ITT'11* . *JT I' I * I
* Of. Williamson, op. cit., p. 514.
8 It may be convenient to give here the date of successive Governors
up to 1831.
I.Phillip Jan. 1788-Nov, 1792 5. Macquarie 1809-1 821
2. Hunter ' 1795-1800 6. Brisbane 1822-1825
3. King 1800-1806 7. Darling 1825-1831
_ 4- Bligh 1806-1809 8. Bourke 1831
_ Many interesting personal details and character sketches may be found
in R. Therry : Reminiscences of Thirty Years' Residence in New South
Wales and Victoria (London, 2nd edit., 1863).
* He had returned to England after the wreck of his ship Sinus.
22 THE AUSTRALIAN CHURCH
industries of coal, sheep-breeding and wool-growing were
started at this time. As regards the latter, John Macarthur,
a Captain of the New South Wales Corps, imported sheep
from India and South Africa and by careful experiment
raised a breed of merino sheep whose progeny produces the
finest wool in the world. Trade, however, did not develop
as rapidly as might have been expected. The East India
Company claimed the monopoly of trade in the Pacific, but
did little to turn its privilege to account ; and because of
this monopoly, English trade with the Colony was retarded
till 1813.
In 1803 Governor King, fearing the colonization of Van
Diemen's Land by the French, who after the Peace of Amiens
had sent out an exploring mission to the southern coast of
Australia, despatched a detachment of convicts with their
guards to form a subordinate penal station there. The
British Government also had apprehensions of French
projects, and feared an occupation by them of Port Phillip.
In the same year, one Collins was sent with a large party
of convicts, fifty-one soldiers, and thirteen free settlers to
form a settlement there ; but he abandoned it in 1804 an< i
transferred his whole command to a site in Van Diemen's
Land, which he named Hobart Town in honour of the
Secretary of State for the Colonies. In 1806 King was
succeeded by Captain Bligh, a seaman, whose courage had
been recognized even by Nelson but better remembered on
account of his connection with the Mutiny of the Bounty. 1
The choice was an unfortunate one, and ended in his
expulsion from the Colony in 1808.
The Home Government next sent Colonel Lachlan
Macquarie to take over Bligh's office, and under his leader-
ship and definite policy, the ex-convicts were encouraged
by grants of land and appointments to public offices to
make some effort to regain their self-respect. Many of the
freed convicts proved their worth, and amply justified
Macquarie's methods. But Macquarie combined with this
liberal attitude towards the convicts a narrow policy regard-
ing other settlers. He gave no encouragement to . the
immigrant. This policy was a failure as subsequent history
has shown. The future of Australia belonged, not to the
convict, but to the free man ; and though Macquarie's
1 His harsh treatment of the crew of this vesseHed to a mutiny which
resulted in his being turned adrift in mid-ocean to take his chance in an
open boat.
AN OUTLINE OF AUSTRALIAN HISTORY 23
policy here was a short-sighted one, it is to his credit that
he tried, by humanitarian methods, to convert these miser-
able convicts into reputable citizens.
IX. THE CONDITIONS OF THE CONVICT 1
It is essential for the understanding of this early history
to remember that the earliest population was drawn almost
solely from among the convicts. Many of those who were
transported were indeed sent out for offences which were
either political 2 or only of the most trivial nature ; but
there was also among their number a large proportion of
thoroughly hardened criminals. In any circumstances,
these latter would have exercised a bad leavening effect on
the whole lump. So much the more was this the case when
the good were forced to live for a period of over six months
in closest contact, on board ship, with the criminal class.
There was, however, an officer appointed on the staff of
each convict-ship who tended to render the conditions
somewhat better than they might otherwise have been ;
he was the " superintendent " of the convicts. An account
of those officers in some detail is given by Therry in the
work already referred to. He tells us that they were
surgeons of the navy, chosen on account of their meritorious
profession, as, in addition to a gratuity of ten shillings a
head for the landing of each convict, there were also at-
tached to the position liberal allowances ; and there was
very considerable competition for these berths; Impartial
patronage was exercised in these appointments ; and
throughout the whole period of transportation, the extensive
authority entrusted to these officers was beneficially used
in administering to the wants of the convicts confided to
their charge. These naval surgeons seem to have per-
formed their duties with firmness and humanity, and for
the benefit of the unfortunate persons over whom govern-
ment gave them a very large discretionary control. Those
who seek a more strictly historical, though hardly less
interesting account, than that of Therry will find such in
Dom Butler's recent biography of Bishop Ullathorne. 3
Had these superintendents been able to exercise control
1 A vivid account worked tip in narrative form of the convict conditions
m Port Arthur and Eaglehawk Neck (Tasmania) is to be found in Marcus
Clarke : For the term of Us Natural Life.
* e.g., those evicted from Ireland at this time.
8 Dom Cuthbert Butler : The Life and Times of Bishop Ullathorne
(1806-1889), 2 Vols. (London, 1926), Vol. I, pp. 90-116.
24 THE AUSTRALIAN CHURCH
over the convicts after their disembarkation, many might
have been reclaimed. But the treatment of them suffered
among other defects from the absence of any classification
of convicts according- to age and the nature of their crimes ;
and as was to be expected, the herding together of large
numbers of the criminal population bore- dismal fruits in
Botany Bay. 1
In such circumstances, the maintenance of discipline was
no easy matter. The uncontrolled use of the lash was
resorted to as an incessant and almost sole instrument of
punishment, and; too often, those who inflicted this degrad-
ing punishment were irresponsible agents who kept no
record of their darkest deeds ; and when the lash had done
its work, the scaffold was called in aid. It is recorded that
in the years 1826, 1827, and 1830, 153 convicts perished on
the scaffold out of a population of less than 50,000, being
an average annual estimate for the three years of ap-
proximately one man in every thousand. 2
The worst characters among the convicts were not kept
in New South Wales, however. They were despatched to
Norfolk Island, some 900 miles east from Sydney, in the
Pacific Ocean. The locality appears to have been not
unfavourable, but the conditions resulting from a popula-
tion of the worst criminals were appalling. Others, again,
as we have seen, were sent to Van Diemen's Land until
they exceeded those on the mainland in numbers. But
Therry's description of conditions in Norfolk Island at this
date may lead us to doubt if there were anywhere a worse
place existing on the globe at that time than this small
island in the Pacific.
Once public opinion had been aroused in Great Britain,
it was recognized that the treatment meted out to the
convicts was as great a blot on its morals as had been the
slave trade in earlier times. A Parliamentary Committee,
appointed in 1837, revealed the more inhuman features of
the system, and recommended the cessation of transporta-
tion. There is little doubt that this course was largely
determined by continual agitation on the part of the settlers
1 The generic name given to the penal settlements of New South Wales,
Van Diemen's Land, and Norfolk Island,
2 For the sake of comparison the similar statistics for England and
Wales are added : the population of England in 1826 was 12,000,236.
In that year there were executed in England 56 persons; in 1827, 75
persons ; and in 1830, 53 persons, giving an average annual estimate of
about one in 200,000.
AN OUTLINE OF AUSTRALIAN HISTORY 25
in the Colony who never ceased to resent the presence of
the convicts in their midst. In 1840 an Order-in-Council
carried the recommendation of the Parliamentary Com-
mittee partly into effect, and directed that transportation
to New South Wales should cease. In 1852 the last
convicts were disembarked in Van Diemen's Land, but for
another sixteen years there were convicts brought inter-
mittently to Western Australia. From first to last, 137,161
men and women were transported.
X. DEVELOPMENT SUBSEQUENT TO THE NAPOLEONIC
WARS
The post-Napoleonic War period, with the bad economic
and social conditions in England, naturally led to a con-
siderable increase in emigrants. There were large numbers
of ex-soldiers in search of employment, and their campaigns
abroad had opened their eyes to a wider vision, and had
made them well fitted for emigrants. Consequently the
population of Australia rapidly increased. The Govern-
ment, moreover, gave them every support, and that for
two reasons. First, there were fears of French colonization
on the Australian Continent, fears which appeared justified
when Governor Darling received a report that the French
had landed at Western Port in Victoria. An expedition to
the spot, however, soon manifested that they had no in-
tention of starting a Colony there ; for they had already
left before the English expedition arrived. Secondly, the
Government found the settlers of the greatest value in
organizing the convict supply of labour. Only a small
proportion of the convicts were kept in prisons. Most of
them were " assigned " out to settlers, for whom they had
to perform compulsory labour. These settlers proved first-
rate organizers of this convict labour, and the Government
saw they were of great service in turning this labour to
good account.
Exploration, moreover, was beginning at this period in
the Colony. In 1813 a good track across the Blue Mountains
in New South Wales into the Bathurst Plains was discovered
by Gregory Blaxland and, a few years later, John Oxley
penetrated towards the Murray River. The river itself was
actually discovered and crossed in 1824 by Hume and
Hovell ; and it was about the same time that Allan Cunning-
ham, the botanist, undertook his excursions far into the
interior in the cause of scientific investigation.
26 THE AUSTRALIAN CHURCH
XL GRANTS OF LAND
In the earliest times, all property was regarded as vested
in the Crown ; and the Crown vested its power of making
grants in the Governor. Consequently, if anyone wished
to emigrate, he might wait until he disembarked, and then
he could be tolerably certain of receiving a grant of land
from the Governor. In general, grants were made by him
in proportional magnitude to the amount of capital which
the Colonist brought with him. It was generally considered
advisable to make application to the authorities at home,
prior to emigration, for a certificate recommending a grant
of land ; if this were obtained (as it invariably was if the
applicant were of good character), the emigrant had a legal
claim on the land on arrival, whatever the Governor's own
personal wishes might be. 1
After the discovery of the pastoral areas on the far side
of the Blue Mountains in 1813, and the nearly contempo-
raneous introduction of sheep into the Continent, there was
a large unauthorized tracking by sheep owners into this
new area. The settlers set out with their sheep till they
came to a suitable spot and there " squatted " and en-
deavoured to make a fortune out of wool. Of course, such
" Squatters " had no legal rights to these lands, but the
Government saw that they made the best use then possible
of land lying idle and consequently did not interfere. In
1836, Bourke dealt effectively with the problem created by
this general " squatting " and gave the " Squatters "
licences for security of tenure within prescribed boundaries.
Macquarie, as has been pointed out, was opposed to any
extensive policy of admitting settlers. But all this was soon
to change; 1830 saw the formation in England of the
Colonization Society. This organization, one of the leading
spirits of which was E. G. Wakefield, besides advocating
responsible government for the Colonists, urged that a
systematic plan of colonization should be brought into
effect. It pointed out that there were large areas available
for settlement purposes in the Colonies and that at home
there was sufficient capital available for .their development
in Australia. The scheme had the support of Governor
1 See Historical Records of New South Wales, Vol. Ill, p. 385 (1798).
Grants of land to settlers were made of 100 acres at Port Jackson prior to
sailing. The immigrants were to be victualled on the voyage and also fed
and clothed from the public stores for twelve months after arrival. Stock,
seed, grain, and agricultural implements were to be provided for them.
AN OUTLINE OF AUSTRALIAN HISTORY 27
Bourke, who urged that Colonial lands should be not given
to, but purchased by, the Colonists, and that the revenue
thus obtained be used to assist further immigrants who
were without capital. The problem of the supply of labour
began to become serious as the number of convicts intro-
duced fell off. It was this far-sighted policy which saved
the situation. By selling land at a minimum of 2 an
acre, Wakefield showed that it was possible to raise an
emigration fund, sufficient to maintain a proper supply of
labour.
XII. NEW ZEALAND
Something may be said here of the early history of New
Zealand. The Islands owe their Dutch name to their
discovery by Tasman in 1642. Tasman was unable to land,
however, and it was not till 1769 that any real knowledge
of the country was obtained. In that year Cook succeeded
in effecting a landing at several points and got into touch
with the natives, called Maoris. These Maoris appear
themselves not to have been the original inhabitants, but
to have come from some other islands in the Pacific at an
earlier date. As subsequent history showed, they possessed
a very exceptional degree of intelligence among the primitive
tribes; they were always a force to be reckoned with ; and
unlike the Australian Aborigines, they themselves recognized
that the white man was a power not to be scorned. It is
somewhat difficult, however, to estimate their exact numbers.
In 1839 it was estimated that there were about 100,000 in
the North Island and 5000 in the South Island. There was
no systematic settlement of the country till about 1840.
The white population before that date consisted mainly of
escaped convicts, whalers, and traders driven out of their
course, and a few Christian Missionaries, amongst whom
was Samuel Marsden. 1 By 1839, the year in which the
British Government decided to assume sovereignty, there
were computed to be in all some 2000 white settlers.
In 1837 the chairman of the newly-formed " New Zealand
Association," Sir F. Baring, M.P., introduced a Bill into
Parliament "for the Provisional Government of British
Settlements in the Islands of New Zealand." Among other
things, the Bill arranged for the purchase of lands, as well
as for the protection and moral development of the natives.
The Bill, however, did not go through the House, and the
1 Cf. infra, p. 41.
28 THE AUSTRALIAN CHURCH
" New Zealand Association " gave place to the " New
Zealand Land Company." This organization was much
more definitely intent on financial interests. They urged
the British Government to assert supremacy, not indeed
with any thought of the protection of the natives, but solely
as they imagined that it would mean an increase in the
value of the land. In 1839, accordingly, the Government
altered the commission of Sir George Gipps, the Governor
of New South Wales, so that New Zealand was included
within his jurisdiction. He acted without delay, and sent
out Captain Hobson to take possession, and "to establish
a settled form of civil government." He made a treaty
with the natives at Waitangi, explaining to them that "the
shadow would go to the Queen and the substance would
remain, and that they might rely implicitly on the good
faith of Her Majesty's Government." 1
This led him in February 1840 to proclaim the Queen's
sovereignty over both Islands ; and in November of the
same year, New Zealand was proclaimed an independent
Colony. With the object of continuing to protect the
Maoris, he proposed to make Auckland rather than Welling-
ton (the chief settlement of the New Zealand Company)
the capital of the Colony needless to say, to the great
dissatisfaction of the white population whose interests were
fostered by the " New Zealand Company."
1 Quoted H. W. Tucker: Life of Bishop Selwyn (London, 3rd Edit.,
1900), i., 99.
CHAPTER II
THE DEVELOPMENT OF CIVIL LEGISLATION
IN AUSTRALIA
I. ORIGINAL CONSTITUTION
THE original constitution of New South Wales was
as simple as it was inevitable. All powers, both
of legislation and of jurisdiction, were vested in
the Governor of the Colony. It is true that in the exercise
of these powers, the Governor was limited to some extent
by the existing legislation in the Home Country. In this
matter, the principle laid down by Blackstone in his Com-
mentaries 1 was generally taken as binding, namely, that
" If an uninhabited country be discovered and planted by
English Subjects, all the English laws then in being, which
are the birthright of every subject, are immediately there
in force. But this must be understood with very many and
very great restrictions. Such Colonists carry with them
only so much of the English law as is applicable to their
own situation and the condition of an infant Colony ; such,
for instance, as the general rules of inheritance and of pro-
tection from personal injuries. The artificial refinements
and distinctions incident to the property of a great and
commercial people, the laws of police and revenue (such
especially as are enforced by penalties), the mode of mainten-
ance for the established clergy, the jurisdiction of spiritual
courts, and a multitude of other provisions, are neither
necessary nor convenient for them, and therefore are not
in force. What shall be admitted and what rejected, at
what times and under what restrictions, must, in case of
dispute, be decided in the first instance, by their own pro-
vincial judicature, subject to the revision and control of the
King in Council : the whole of their constitution being also
liable to be new-modelled and reformed by the general
superintending power of the legislature in the mother-
1 Section 108, Commentaries on the Laws of England, by Sir William
Blackstone, Vol. I, :6th Edit., pp. 107, 108 (A. Strahan, London, 1825).
29
30 THE AUSTRALIAN CHURCH
country." But the totally new conditions of the Colony
made these provisions of dubious value when cases arose,
and though the Governor had to report periodically to the
Home Government the progress of affairs in the Colony,
to all intents and purposes he had a free hand.
II. AGITATION FOR A CHANGE
It was after the Napoleonic Wars that the desire for a
change was generally felt . It expressed itself in three ways
1. One of the leading Colonists in the year 1819 brought
out a book with a view to giving the English public better
information on the actual state of the Colony than was
usually possessed in this country, in the hope of inducing
more emigrants to go out. 1
Its author, W. C. Wentworth, pointed out the need for
some Constitutional form of government, and went so far
as to suggest a detailed scheme suitable to the needs of the
Colonists. The Government of the Colony was to be vested
in two Houses, an Upper and a Lower. The former was to
be filled with nominees of the Crown; the latter to be
elected by the Colonists themselves. For membership in
the Lower House, it was necessary to possess at least three
hundred acres of land ; for the right of election thereto it
was necessary to possess twenty acres or an equivalent
rent qualification. Freed convicts, except those who had
been convicted of certain classes of crime, were to be allowed
to vote if they had the necessary property qualifications.
The introduction of trial by jury was also advocated. The
book was reviewed in the Edinburgh Review at some length,
and attracted much attention in consequence.
2. Independently, the Colonists petitioned the Crown in
that year for a less autocratic form of government, Macquarie
was not the type of Governor that the Colony needed at
that juncture. He persisted in the idea that New South
Wales was intended solely for the purposes of a convict
settlement, and that, therefore, any others who chose to
reside there must not expect any legislation except such as
could be applied to convicts. Consequently, he was heartily
disliked, and the Home Government had frequently received
messages from the settlers petitioning for a change. But it
1 The book was entitled, A Statistical Account of the British Settlements
in Australasia. The book is full of interesting material relative to the
state of the Colony at this time, and it also gives a full account of the
difficulties with which emigrants were then faced.
CIVIL LEGISLATION IN AUSTRALIA 31
was in 1819 that a formal petition from a large body of
Colonists was first sent.
3. In the same year, the Government, acting on inde-
pendent advice, decided to send out a Commission to
investigate the actual state of the Colony. As head of the
Commission, was appointed a London lawyer named Bigge.
As his Secretary, there accompanied him a Mr. Scott, who
was a few years later appointed the first Archdeacon of the
Colony. 1
But Bathurst took the same view as did Macquarie ;
for he wrote to Bigge (1819) : " They i.e. New South
Wales and Van Diemen's Land must chiefly be considered
as receptacles for offenders. So long as they continue
destined by the Legislature of this country for these
purposes, their growth as colonies must be of secondary
consideration." 2
The Commission drew up four reports, which were sub-
mitted to Parliament in 1822-3. It is worth noting, in
view of the part played later by Mr. Scott in the history
of our subject, that he was responsible for one of these
reports, namely, that on the subject of the need for
increased educational facilities in the Colony.
III. THE NEW SOUTH WALES JUDICATURE ACT, 1823
Within four months of the presentation of Bigge's Third
Report to Parliament, on March 23rd, 1823, an Act was
passed for the more effectual government of the territory
of New South Wales. On the Statute Book, it is 4 George
IV, c. 96. Its most important section was Section 24, which
provided for the constitution of an "Advisory Legislative
Council." Though this Council was to be appointed by the
Crown, there appears from the first to have been the inten-
tion to appoint to it some of the Colonists, and this was
what actually happened. On two of the early Councils sat
T. H. Scott, who had, in ,the meantime, been chosen to fill
the new office of Archdeacon. The Council was to consist
of not less than five, nor more than seven, members, and
the Governor alone was to have the right of initiating Bills.
Moreover, such Bills as the Governor initiated were to
become law if only one member of the Council supported
! p< P- 42.
. Quoted in E. Sweetman: Australian Constitutional Development
(.Melbourne, I 925), p. 32. For much in this chapter we are indebted to
that valuable work.
32 THE AUSTRALIAN CHURCH
them. In times when the Colony was deemed by the
Governor to be imperilled, not even the support of this one
member \yas necessary ; so it is doubtful if, in fact, the
power of the Governor was much curtailed by this new
Act. Still, it was highly important as showing that the
Home Government was aware that there must come a
change-
Provision was also made by the Act for the establishment
of a Supreme Court to try civil offences. The old Court of
seven military and naval officers was to continue for the
trial of convicts (Section 4). But by Section 6 of the Act,
in certain cases trial by jury should be the rule, and Section
8 provided for the extension of the principle as soon as the
Colony was deemed fitted for it.
In the same year, Letters Patent were issued, dated
October I3th, for the creation of this Court. It was to be
under the control of one judge, entitled the Chief Justice.
If His Majesty wished, however, he could increase the
number of judges to three. As regards its powers, it could
exercise "such and the like jurisdiction as the superior
Courts of Westminster in all civil and criminal matters."
It was also given equitable jurisdiction, such as the Courts
of Chancery in England exercise, as well as such portion of
the jurisdiction as the Ecclesiastical Courts of England then
possessed relative to the probate of wills and the granting
of letters of administration. Sir Francis Forbes was the
first Chief Justice to preside over this Court.
Such were the new conditions created by the 1824 Act.
Up till this date, Australia had been, in the eyes of the law,
purely and solely a penal settlement. Now the English
Government began to recognize that a tremendous future
awaited this outpost of the Empire. The beginnings of
that new era had become manifest. They were not to
culminate till the Commonwealth of Australia Constitution
Act, which established the Federal Constitution in 1900,
was passed ; and on January ist, 1901, the Federal Com-
monwealth came into being.
IV. AN EXAMPLE OF COLONIAL LEGISLATURE
An example of the type of legislature which the Colonial
Council passed may be given here. We select an instance
bearing on the history of the Church, namely, the first
Licensing Act. The Australian Acts are usually quoted by
"Numbers" and not by "Chapters," and hence it is
CIVIL LEGISLATION IN AUSTRALIA 33
designated 6 George IV, No. 4, and not 6 George IV, Cap. 4.
There was required from all applicants for licences a
certificate by the Church of England " minister." There
appears somewhat later on the Statute Book (6 George IV,
No. 21) an Act passed for the Registration of Births,
Marriages, and Deaths, which also recognized the official
position of the Church of England clergy in charge of
parishes. Every minister of religion in the Colony, of what-
ever denomination, was compelled to send a certificate of
any baptisms, marriages, or burials which he solemnized,
to the Anglican minister of the parish in which the service
took place ; and delinquents were to be visited with severe
penalties. It would thus appear that, at this early date,
an attempt was made to give the Church of England a
degree of recognition not accorded to any other denomina-
tion. It must, however, be pointed out, that the scheme
proved impracticable, and it was later replaced by one
which gave official recognition to four religious bodies.
V, VAN DIEMEN'S LAND A NEW COLONY
Van Diemen's Land tended more and more to become the
convict Colony par excellence. Since 1803, the year of its
foundation, it had been under the control of a Lieutenant-
Governor, who was himself subject to the Governor of New
South Wales. The time was now ripe for the establishment
of Van Diemen's Land as a separate Colony. Accordingly,
an Order in Council, dated June I4th, 1825, was issued,
establishing for that Colony a legislature parallel to that
of New South Wales ; provision being made for a Governor
and Council nominated by the Crown. The Imperial Acts
of 1842 and 1850 granted the Colonists power to nominate
or elect the members of the Legislative Council, and Tas-
mania (as well as Victoria and South Australia) decided on
the "elective" principle; and for the Lower House, i.e.
the Legislative Assembly, the method of election of members
is by an adaptation of the Hare System of proportional
representation involving the multi-member electoral division.
This system was invented by a certain Miss Hare of South
Australia ; but so far, Tasmania is the only State, which,
by its use, makes provision for the representation of
minorities. 1
1 Federal Handbook on Australia (British Association for the Advance-
ment of Science), 1914, p. 551. -
34 THE AUSTRALIAN CHURCH
VI. THE NEED OF FURTHER REFORMS
The provisions of the 1824 Act were clearly intended to
be more or less of a temporary nature. The Colonists
themselves generally felt that their wishes had been only
very imperfectly acceded to. Almost before they had
become acquainted with the terms of the Bill, agitation
began for further reforms. In 1825, Wentworth, in con-
junction with a friend, Dr. Wardell, started a paper called
the Australian, to be devoted to the cause of freedom. The
party was determined on active steps ; and, at a farewell
meeting given on October 2ist, 1825, to the honour of
Brisbane, he was implored to use all the influence he could
in the Home Country for the extension of the principle
of Trial by Jury, and the introduction of Taxation by
Representation. 1
Somewhat over a year later, 2 Governor Darling addressed
a letter to Under-Secretary Hay, pressing the need for
greater Constitutional government. He suggested the
creation of a blended House, and put forward two schemes ;
in the one, proposing 15 and in the other, 20 members of
this House. Thus, in the former scheme, the House was to
consist of the Lieutenant-Governor, the Chief Justice, the
Archdeacon, the Colonial Secretary, the Attorney-General,
the Surveyor-General, the Auditor of Accounts, six country
gentlemen, and two merchants.
VII. THE 1828 BILL
These proposals resulted in a new Bill. It was intro-
duced on April ist, by Huskisson, who was at that time
the Secretary of State for the Colonies. It had the some-
what long title, " A Bill to provide for the Administration
of Justice in New South Wales and Van Diemen's Land,
and for the more effectual Government thereof ; and for
other purposes relating thereto." The Crown was author-
ized to introduce trial by jury for " all crimes cognizable
by juries." For any Colonial Bill to become law it was
henceforth necessary for the Governor to have a majority
vote in the Council and not simply the consent of one
member. The Bill received the Royal Assent on July 25th,
1828, and not long subsequently in 1832 the Crown gave
to Governor Bourke its consent to introduce Trial by Jury.
It is also interesting to note that the composition of the
1 Sweetman, op. cit., p. 60. a February gth, 1827.
CIVIL LEGISLATION IN AUSTRALIA 35
Legislative Council was practically that proposed by
Darling.
VIII. NEW COLONIES, WESTERN AND SOUTH AUSTRALIA
Settlements were started on the West Coast of Australia
in the year 1829. It was quite impossible for the legislative
body in New South Wales to govern this Colony on the
Swan River. Hence, an Act was passed which empowered
the Crown to appoint persons to make laws for this Colony
until December 3ist, 1834. Eventually in 1889, Western
Australia acquired responsible government with its Constitu-
tion based substantially on that of New South Wales,
except that the members of the Legislative Council are
elected and not nominated to that office, and receive a
salary in the same way as do the South Australian and
Tasmanian members of their respective legislatures.
By the Imperial Act 4 and 5 William IV, Cap. 45, the
Crown was also empowered to erect South Australia into
a British possession and to provide for its colonization.
This led to the formation of the Colony of South Australia
(1834). The executive and legislative powers of the Colony
were vested in the Governor and a Council of Government
in just the same manner as in New South Wales.
IX. THE 1842 ACT
The next important event in the history of the Constitu-
tion was the passing in 1842 of the Act 5 and 6 Viet.,
Cap. 76. It provided for the creation of a Legislative
Council, constituted on a new basis. The majority of its
members were to be, not Nominees of the Crown, but
representatives elected by the Colonists. As the basis of
franchise, the property qualification was taken. It took,
therefore, well over twenty years before the Home Govern-
ment gave effect to the proposals put forward by Wentworth
in his famous book. 1 This Council was given control of the
Colonial expenditure and revenue ; the only exception
made was in the case of the Land Fund which was deemed
to require the guidance of experienced statesmen such _as
the Colony at that time did not possess.
One important proviso in the Act should be noticed. All
the legislature in the Colony was subject to the veto of the
Governor. We see here a reflection of Lord Durham's
Report on the A/airs of British North America. Durham,
1 Cp. p. 30 n.
36 THE AUSTRALIAN CHURCH
it will be remembered, had been sent out in 1838 as Governor
of Canada, and the report which he sent back was> strongly
coloured by his own views. He regarded the Colonies not
so much the inheritance of the present Colonists as the
destined home of the crowded masses in this country.
"They were," he said, "the ample appanage which God
and Nature have set aside in the New world for those whose
lot has assigned them but insufficient portions in the Old."
X. THE SEPARATION OF VICTORIA
It was inevitable that a separation between New South
Wales and Victoria should come about. Owing to the
situation of Melbourne, travel by land between the two
capitals was even more difficult than by water ; and, in
practice, the Colony at Port Phillip was an Overseas de-
pendency of New South Wales. 1
Though it was not till nearly ten years after the 1842
Act that this state of affairs was remedied, that Act clearly
recognized the situation. By it, not only was a completely
independent Land Fund set up for the southern Colony,
but it also granted to Victoria the right to elect and send
six members to the New South Wales Legislature. On
paper, the latter might seem to be a liberal concession ;
but in practice, it really amounted to very little, since it
was not possible to induce the right class of representatives
to undertake the expenses and inconveniences which the
journey to Sydney involved. The irony of the whole
position is seen in the fact that, in 1850, Lord Grey, the
Colonial Secretary in England, was actually elected as the
representative of Melbourne. 2
It was in 1850 that effect was given to the necessary
changes. By the Imperial Act, 13 & 14 Viet., Cap. 59
(August 5th, 1850), the land on the two sides of the Murray
River became each a separate Colony, Like New South
Wales and South Australia, Victoria was granted a Legis-
lative Council, partly nominee and partly elective. On
July ist, 1851, formal effect was given to these proposals.
It is remarkable how opportune was the moment for this
change, for the population of Victoria went up by leaps
and bounds in the next few years, consequent on the dis-
covery of gold. 3 From 1855 to 1890, emigration from Great
1 Cp. G. Goodman : The Church in Victoria during the Episcopate of
Bishop Perry, pp. 149 fl. * Ibid., p. 150.
3 The population of Victoria in 1851 was 70,000 ; in 1855, it was
333,000. Williamson, p. 525.
CIVIL LEGISLATION IN AUSTRALIA 37
Britain continued in considerable volume, 1 and during the
'seventies, after the gold-fever had subsided, that Colony
was settling down to the stable and permanent pursuits of
the pastoral and agricultural industries. So rapidly did
these flourish and extend that the demand for more land
for settlement purposes became greater, until to-day,
Victoria, owing to the varied and productive resources of
the country, is in a more highly developed condition of
settlement than any of the other states.
XL COLONY OF QUEENSLAND
The spread of settlement in the northern portion of New
South Wales led to the formation, in 1852, of the New
Colony of Queensland. The growth of population, it is
true, was slower than for the corresponding period in
Victoria, and hence the necessity for a separate government
arose only later. But when there were some 30,000 in-
habitants centred mainly in the areas round Brisbane, 8
the demand for the establishment of the Colony was granted.
The Constitution of Queensland followed that of the
parent Colony of New South Wales, and the members of
its Legislative Council were appointed by nomination;
though, some few years ago (March 23rd, 1922), a most
revolutionary constitutional alteration was made, when the
Legislative Council was abolished entirely at the instigation
of the Labour Government then in power.
XII. FUNCTIONS OF THE LEGISLATIVE COUNCILS
AND LEGISLATIVE ASSEMBLIES
The Constitutions of the several States, with the exception
of that of Queensland (as noted above), provide for two
Chambers. The functions of the Assemblies (or Lower
Houses) are purely legislative and democratic in basis,
and in their control of Ministers of the Cabinets, their
limited term of office, and their liability to dissolution,
follow closely the constitution and procedure of the British
House of Commons. The fundamental factor of responsible
government existing in the Legislative Assemblies of the
State Parliaments of Australia lies in the harmony of the
Cabinet with the majority opinion of the Lower House,
1 In 1890, the population of Victoria was 1,118,500.
8 The foundations of this city, as we have seen, had been laid in 1824,
during the term of office of Governon Brisbane, who at that time had
established a penal settlement there.
38 THE AUSTRALIAN CHURCH
We have seen that the Legislative Council was the first
form of local government granted to the Colony, but after
responsible government took the place (between 1855 and
1889) of the earlier method, the Constitution of the Legisla-
tive Councils throughout the various Colonies differed
somewhat in composition and method of election; and,
designed as conservative bodies, they have certainly ful-
filled the controlling function of a Second Chamber exercising
its revisory power (when it considered it advisable) on the
legislation sent to it by the Legislative Assembly.
XIII. THE FEDERAL GOVERNMENT
As we have seen, the federation of the States of Australia
was accomplished in 1901. The Federal Parliament consists
of a House of Representatives, and an Upper House,
designated the Senate, the members of both Chambers
being elected on the basis of proportional representation
from the whole of the Commonwealth.
The legislative functions of the Federal Parliament are
those which concern Australia as a whole, in such matters
as Defence, Post Office, Customs, Tariffs, and Administrative
problems.
Thus, Australia, with its Governor-General of the Com-
monwealth, its Federal Parliament, its six State Governors,,
and the corresponding number of State Parliaments, totalling,
in all, thirteen Parliamentary bodies, may either pride or
pity herself on the multitude and variety of her legislative
experiments, and can claim, with no danger of challenge,
to be the world's political laboratory, even though it has
to govern only six millions of people !
CHAPTER III
THE HISTORY OF THE AUSTRALIAN CHURCH
I. BEGINNINGS OF THE CHURCH
IN Australia, the history of the Church is as old as the
history of the Colony ; for the first fleet that left the
English shores with its freight of convicts was provided
with the ministrations of a Chaplain in the person of a,
certain Richard Johnson. It would appear that the ships
might easily have left without the presence of a minister to
the spiritual needs of the donvicts, for an early historian
writes : " The first ship which bore away its freight of
despair, of braised hearts and woeful memories and
fearful expectations, would have left the shores of England
without even a solitary minister of religion but for the
timely remonstrance of a private individual. The civil
authorities deemed their work complete when they had
given the signal to raise the anchor and unloose the sails ;
the rest was no concern of theirs." 1
The writer who quotes these words tells us that the
individual referred to is Bishop Porteus, who together with
Sir Joseph Banks recognized the necessity of a " religious
instructor" being provided for the unfortunate prisoners. 2
Another version of Mr. Johnson's appointment 3 tells us
that, just two days before the convicts sailed, William
Wilberforce, finding that no provision for the spiritual
welfare of the convicts had been made, represented his
views to the Bishop of London, whose counsel to the
Government resulted in the appointment of Johnson, who
volunteered his services.
It should be noted, however, that Johnson's commission
is dated as early as October 4th, 1786, seven months before
the first fleet left the English shores on May i3th, 1787.
Furthermore, a presentation of books was made" by the
1 T. W. M. Marshall : Christian Missions, Vol. II, p. 81.
2 R. Therry : Reminiscences of Thirty Years' Residence in New South
Wales and Victoria (London, and Edit., 1863), p. 12.
3 Two Hundred Years of the S.P.G., 1701-1900, C. F. Pascoe, 1901,
P- 386.
39
40 THE AUSTRALIAN CHURCH
S.P.C.K. to the Chaplain of the " first fleet " for New South
Wales on November i8th, 1786. It seems, therefore, that
the appointment of the Chaplain had been included in the
government scheme of transportation.
The first Chaplains were appointed by the State. It
follows that they were all Anglicans. They were to exercise
their office throughout the new Colony, for we read in
Johnson's Commission : " We do by these presents con-
stitute and appoint you to be chaplain to the settlement
within our territory called New South Wales." 1 It may
be worth noting that Lord Sydney was Secretary of State
for the Colonies at the time of Mr. Johnson's appointment.
In this way it was natural that the Church of England
should be the one and only Church which received any
official recognition, both at home and in the Colony, in the
early history of New South Wales.
The famed and heroic labours of Mr. Johnson's successor
must not be allowed to eclipse the first Chaplain's work.
The task of the latter was no easy one. Within a fortnight
of his arrival, he conducted a service under a tree on the
western side of Sydney Cove. This was the first service in
the Colony, and on that memorable occasion he chose for
the text of his sermon, " What shall I render unto the Lord
for all His benefits towards me ? " 2 To it, came the marines,
the seamen of the vessels, as well as the male convicts. 3
Services continued to be held under trees till the completion,
in 1793, of the first church (if one may so designate it),
which Mr. Johnson had erected at his own expense. 4 It
was a small T-shaped building constructed of stout posts
interwoven with branches of ti-tree and bound together with
clay, or, as it is generally called, wattle-and-daub. 6
In spite of the mean materials used in its construction,
it was capable of accommodating 500 people, and was also
used as a school for about 150 children. But it was not
destined to last long, for five years, after its erection it was
destroyed by fire. The site has been verified beyond dispute,
however ; and as recently as March 2gth, 1925, the founda-
tion stone of a Memorial Cross was laid on the spot. On
1 Cp. Document A. a Psalm cxvi. 12.
8 The female convicts were not landed at that date.
* He was, however, refunded the cost of it 6j during Governor
Hunter's term of office, in 1797.
5 It is interesting to note that this was the material of the first historical
church in our own land, at Glastonbury. Cf, Wakeman ; History of the,
Ghwch of England, p. 3.
HISTORY OF THE AUSTRALIAN CHURCH 41
April 4th, of the same year, the handsome obelisk which
now surmounts it was unveiled in the presence of the
Governor, Sir Dudley de Chair, and stands in the busiest
thoroughfare of Sydney as a permanent witness to Mr.
Johnson's labours. His term of office was not a happy one.
It is recorded that he received little support or sympathy
from the authorities, " only a bare toleration at best ;
more commonly a frown and a hard word for the solitary
priest of the Church of England." 1
Johnson returned to England in 1800, and became Rector
of St. Mary, Aldermary, and of St. Antholin, City of London.
He died in 1827.
II. APPOINTMENT OF SAMUEL MARSDEN
As the Colony increased, it was naturally impossible for
a single Chaplain to do all the necessary work. Before long,
an. Assistant Chaplain, Mr. Samuel Marsden, was appointed
to help Johnson in his duties. His selection is said to have
been due to the recommendation of William Wilberforce, 2
and the wisdom of his choice was clearly shown by the
later deeds of Marsden, whose strong personality soon made
a great impression. His commission was dated January ist,
1793. He had not been long in the Colony before Johnson
resigned, leaving Marsden " to carry on, single-handed, for
many years a most determined struggle against the vilest
imaginable iniquities, the grossest abuses of authority, and
the most shameless licentiousness shielded by official
influence. As a sure consequence, he provoked the virulent
opposition of powerful and unscrupulous adversaries men
interested in maintaining the abuses he exposed who
strove for years, though happily without success, to blacken
his character and drive him from the Colony. The story is
one of painful interest. Suffice it to say that Samuel
Marsden, though not distinguished by brilliant abilities or
literary power, was a man of singular strength and energy
of character, of intrepid resolution and indomitable per-
severance, joined with an admirable singleness of purpose
and largeness of heart. With ardent philanthropy, more-
over, he combined an ample measure of those qualities for
which Yorkshiremen are famous all the world over
practical sagacity and shrewdness, and strong common
1 The Church in Greater Britain : G. Robert Wynne, D.I)., 1911, p. 72.
2 Cp. H. Jacobs : New Zealand, Colonial Church Histories; p. 2.
42 THE AUSTRALIAN CHURCH
sense." 1 Marsden returned to England for two years in
1807, and determined to devote his main energies, for the
future, to the conversion of New Zealand under the auspices
of the C.M.S. It was not, however, till November 1814
that he was able to make his first missionary visit to New
Zealand. Marsden died on May I2th, 1838, and was buried
in his own churchyard at Paramatta, New South Wales, at
the age of seventy-four years.
III. DEVELOPMENT OF THE CHURCH TILL 1824
The growth of the Church followed the growth of the
Colony. The circumstances were indeed such as to render
the progress of religion but slow. In a community in which
such a large proportion of its members were drawn from
the criminal classes, it was no easy task to inspire high
religious and 'moral ideals, and it is greatly to the credit of
the first Chaplains that the Church in Australia owed such
vitality as it possessed in early times. There were only
three Chaplains in the Settlement during the first ten years
of its history. Reference has already been made to Johnson
and Marsden ; the third was the Reverend James Bain,
who was appointed in 1790, just four years previous to the
arrival of Marsden. Little is known of Bain ; his name
appears in the register of St. John's Church, Paramatta,
and Johnson refers to him in a letter dated March I5th,
1793, written to S.P.G. In this communication, Bain is
mentioned as " Chaplain to the New South Wales Corps." 2
In January 1792, he embarked on board the Queen for
Norfolk Island with some settlers and convicts.
The year 1824 saw the appointment of an Archdeacon 3 ;
who, though under the Governor or Lieutenant-Governor,
ranked next to them in the Colony, and under whose super-
vision the Chaplains, Church Services, and Educational
System were organized.
Thomas Hobbes Scott was the first to fill this office.
The son of a clergyman, in 1813 he matriculated at Oxford,
and took his M.A. degree five years later. Before his
appointment to the Archdeaconry he had had a varied
career. He had held a position in the Consular Service in
Italy ; he had been a wine merchant ; he had been out to
1 Cp. H. Jacobs : New Zealand, Colonial Church Histories, pp. 2 f .
2 Two Hundred Years of the S.P.G. , p. 387.
3 Register of Acts and Proceedings, Archdeaconry of New South Wales in
Diocese of Calcutta. This Register is to be seen at the Diocesan Registry,
Sydney, N.S.W.
HISTORY OF THE AUSTRALIAN CHURCH 43
the Colony as Secretary of Bigge's Commission which the
Government appointed to investigate the conditions in
New South Wales. On his return to England he took
orders and was instituted Rector of a Northumberland
parish in 1822. The fact that he placed a locum^tenens in
the parish suggests that he intended to remain in Australia
for only a limited time. 1 Scott's experiences, therefore,
were wide and varied, and even if some of his activities
were not such as we are accustomed to associate with a
clerical career, the peculiar circumstances of the Church in
New South Wales demanded at this time a man of his
stamp. Shortly after his arrival the Archdeacon held his
first Visitation at Sydney, in June 1825. At this time the
number of Chaplains on the Government Staff, including
the Archdeacon, was eleven, all of whom attended the
Visitation. They were (excluding the Archdeacon) the
Reverends S. Marsden, W. Cowper, R. Cartwright, H.
Fulton, R. Hill, J. Cross, G. A. Middleton, T. Reddall,
F. Wilkinson, and T. Hassall.
On March 2nd, 1826, the Archdeacon held his first Visita-
tion at St. David's, Hobart Town, Van Diemen's Land.
The following Chaplains attended : the Reverends J. Youl,
W. Bedford, W. Garrard, H. A. Robinson, and R. Knopwood.
On September 6th in the following year another Visitation
was held by the Archdeacon, when three additional Chaplains
attended, namely, the Reverends M. W. Meares, J. E. Keane,
and C. R. N. Wilton.
To the events which led to the appointment of an Arch-
deacon, we shall return below. Scott, however, held the
office till 1829, in which year William Grant Broughton
was appointed by the Duke of Wellington as his successor.
IV. ARCHDEACON BROUGHTON
The story of the life and work of Archdeacon, afterwards
Bishop, Broughton will always command an important
place in the history of the Australian Church.
He was born in Bridge Street, Westminster, in 1788, and
six years later the family removed to Barnet,- Herts. He
was educated at King's School, Canterbury, and for a time
served as clerk in the East India House, eventually going
1 On resigning the Archdeaconry, he returned to his former parish. He
was made an Honorary Canon of Durham, October, 1845. He died in
1860. For further details, see Historical Records of Australia, Series IV,
Vol. I, p. 948. Cp. Sweetman : Australian Constitutional Development,
P- 31-
44 THE AUSTRALIAN CHURCH
up to Cambridge at the age of twenty-six. He graduated
at Pembroke as sixth Wrangler, and, in 1818, at the age of
thirty years, was admitted to Holy Orders.
For the next eleven years he held the curacies of Hartley
Wespall and Farnham, Hants, and his literary abilities
attracted the notice of Bishop Tomlin of Winchester, who
designed high preferment for him. The Bishop was not
alone in his recognition of Broughton's work, for the Duke
of Wellington, whose seat, Strathfieldsaye, was near to
Hartley Wespall, sought out the young priest, and offered
him the Chaplaincy of the Tower, an office he accepted and
held in conjunction with his curacy. In 1829 the Duke,
recognizing Broughton's capacity for leadership, offered
him the Archdeaconry of New South Wales, then recently
vacant owing to the resignation of Hobbes Scott.
This was the turning-point in Broughton's life ; and
subsequent history has shown the wisdom manifested by
the Duke of Wellington, who saw what type of man was
needed for the Church in Australia.
The manner in which the offer was made is to be seen in
an address by Broughton to the S.P.G. in 1852. 1 In making
the offer, the Duke said : "If, in my profession, a man is
desired to go to-morrow morning to the other side of the
world, it is better he should go to-morrow or not at all."
He desired that Broughton should take the subject into his
serious consideration, and give him his reply within a week.
At the same interview, the Duke used the oft-quoted and
now historic words in speaking of the Australian Colonists,
" They must have a Church ! "
Within the week, he received Broughton's acceptance of
the Archdeaconry ; and in the words of Broughton himself,
when addressing the meeting referred to above, we read
" hence my connection with the Colonial Church."
For seven years he served the Church in this capacity.
Towards the end of that period (1834) he visited England,
in order to press the claims of the Colonists upon the
members of the Church at home, 2 and he asked " whether
England was going to allow Australia to become a nation of
infidels." 3 " Even for your prisoners," proclaimed Brough-
1 Printed in W. G. Broughton : Sermons on the Church of England,
London, 1857. In the prefatory Memoir by B. Harrison, p. xiii.
* G. R. Wynne states, cp. Church in Greater Britain, 3rd Edit., p. 74,
that the Duke of Wellington called the Archdeacon home to be consecrated
Bishop of Australia.
8 Quoted op. cit., p. 75.
HISTORY OF THE AUSTRALIAN CHURCH 45
ton, " you are bound to provide food and light. Is it not
equally your duty to furnish them with the Bread of Life
and the Light of the Gospel ? " 1
So powerful was his appeal that no less than 13,000 was
subscribed by the S.P.G., the S.P.C.K., and private indi-
viduals ; and as a result, he was able to double the number
of clergy in the Colony, the S.P.G. sending, in one year,
no less than thirty clergymen for service in New South
Wales and Tasmania. 2 Broughton moreover, during this
visit, reminded the people in England that, during the
years 1826-1834, the mother-country had not contributed
a shilling for the spiritual needs of the convict population,
which, at that time, numbered 25,000, 3 while the Colonists
themselves were contributing 3000 a year, and further-
more, that the members of the Church of England in the
Colony of New South Wales had engaged to contribute,
and to a great extent, had paid up, within one year, upwards
of 13,500 for Church extension. Sydney, alone, had, at
this time, a population of 20,000, of whom 3500 were
convicts. 4
Broughton's story of these conditions in the far-off
Colony aroused such widespread interest that plans were
immediately formulated for erecting the Archdeaconry into
a Bishopric, and, naturally, the choice of the first Bishop
fell on Broughton.
V. AN AUSTRALIAN BISHOP
Archdeacon Broughton was accordingly consecrated
Bishop of Australia in the Chapel of Lambeth Palace on
February I4th, 1836, and he left England to take up his
new task refreshed with help and fortified with new
authority. 5
The outstanding features of his Episcopate, apart from
his .strong personality and devotion to duty, are to be seen
in his vigorous and thorough Churchmanship, and in his
staunch belief in Church School Education.
He was, as Bishop, a member of the Legislative Council
of the Colony. On one occasion he appealed to the Governor
1 Quoted Here and There with the S.P.G. (First Series, 3rd edit.), p. 15.
a Mission Heroes : S.P.C.K. ; Bishop Broughton, p. 10.
8 Ibid., p. 9.
4 G. R. Wynne, The Church in Greater Britain, p. 76.
5 The title " Bishop of Australia " was laid aside in 1847 when new
Letters Patent made Broughton Bishop of Sydney with metropolitical
powers.
46 THE AUSTRALIAN CHURCH
against the injustice of treating the Church of England as
merely one of the Protestant sects.
A proposal (1839) that the State should provide 4000 a
year for education, dividing it in the proportion of three
parts for all Protestant children and one part for Roman
Catholics, 1 was, through his influence, effectively negatived.
Church School education was a vital part of his work,
and he stoutly defended this policy all through his
Episcopate. 2
He never gave a " confirmation address," as we under-
stand the term to-day, but spoke to each candidate person-
ally, at the conclusion of the' service, and he frequently
remained many days in the one place, giving instruction to
the candidates before the Confirmation itself. His generosity,
ekercised even to the point of sacrifice towards the Church
he served, is to be seen in the frequent voluntary surrender
of part of his income, in order that other bishops could be
consecrated to meet its rapidly increasing and urgent needs.
His episcopal abode was, at first, a second-rate hotel, and,
afterwards, a miserable and high-rented house. As Bishop
of Sydney he had 2000 a year ; and -in 1847, to facilitate
the erection of the new Sees of Newcastle and Melbourne,
he surrendered one-half of this sum ; so that his income,
towards the close of his episcopate, was considerably less
than it was when he arrived in the Colony as Archdeacon.
There is no need to dwell here upon his leadership as
Chairman of the Sydney Conference in 1850 ; his whole
heart was given to the furtherance of its objects.
He left for England in 1852 in order to obtain, by Royal
Licence, liberty for the Clergy in Synod, and for the Laity in
Convention, in accordance with the Resolutions passed at
the late Conference. He voyaged by way of Panama and
South America ; and after a calamitous passage from the
West Indies, having lost the captain, purser, one of the
engineers, and several men, chiefly by yellow fever, he
arrived in England on the very day of the funeral of the
Duke of Wellington, November igth, 1852.
In February of the next year he contracted bronchitis,
and died. on February igth after a fortnight's illness, in the
1 " The (Church of England) Schools, which, if your Excellency's plan
be carried, must be abolished, are to her as her right hand, by means of
which she is to execute the work which is given her to do." Cp. Church
Standard, Oct. 26th, 1917, p. 6. Also Document G.
2 The King's School, Paramatta, was, obviously, so named after his
own school, King's School, Canterbury.
HISTORY OF THE AUSTRALIAN CHURCH 47
sixty-fifth year of his age. He lies buried in Canterbury
Cathedral.
Bishop Broughton must ever remain a noble and pre-
eminent figure, if not one who stands quite alone, in the
annals of the Colonial Episcopate of the nineteenth century. 1
VI. THE NEW BISHOPRICS OF 1847
The year 1847 saw the establishment of no less than three
new Sees, 2 namely, those of Melbourne (Victoria) ; New-
castle (New South Wales) ; and Adelaide (South Australia).
Broughton was instituted Metropolitan of Australasia and
Bishop of Sydney. The first occupants of all three Sees
were men of considerable force of character; and the
biography of each of them is consequently good reading. 3
Perry and Short were very definitely Evangelical and High
Church in their respective outlooks, and the impress of
their views is traceable in the theological temper of the two
Dioceses even to the present day.
VII. BISHOP PERRY
Charles Perry (1807-1891) was a brilliant scholar. After
leaving Harrow, he graduated at Cambridge in 1828 as
Senior Wrangler, 4 and for a short time read for the Bar,
though he soon discovered that a legal career was not to his
liking. Before his appointment to the See of Melbourne in
1847 he had not worked in the Colony, but had spent
most of his time as, Fellow and Tutor of Trinity College,
Cambridge, after his admission to Holy Orders by the
Bishop of Ely in 1837. While at Cambridge, he came under
the influence of the Reverend C. Simeon, a priest, who at
that time was exercising a remarkable influence for good
in the town as well as in the .University.
It is not surprising that such an Evangelical as Perry
should have been a friend and disciple of Simeon. 5 In 1842,
Perry was appointed incumbent of St. Paul's, Cambridge,
a position in which he served until he was recommended by
1 A Biography of Broughton, by F. Whitington, Archdeacon of Hobart
(Tasmania), has been in course of preparation for some years. This much-
needed work will be greatly welcomed.
2 For a complete list of the Australian Bishoprics with the dates of
their foundation and their respective Bishops, see Appendix. ,
8 i. The Church in Victoria, by Canon G. Goodman ;
ii. Life and Labours of William Tyrrell, D.D., by R. G. Boodle ;
iii. Augustus Short, First Bishop of Adelaide, by F. Whitington.
4 Goodman, The Church in Victoria, pp. 33 and 52.
8 Op. cit., pp. 34, 56, 58.
48 THE AUSTRALIAN CHURCH
Henry Venn 1 to Earl Grey, Secretary of State for the
Colonies. Perry's appointment was made by Grey, acting
in communication with Archbishop Howley and the Bishop
of London as members of the Colonial Bishoprics' Fund ;
and he was consecrated first Bishop of Melbourne on June
29th, 1847, at Westminster Abbey. Three months later, he
sailed for Australia.
When he arrived in Melbourne, at forty years of age,
some doubts were felt as to his fitness for work amidst
surroundings so new and different from any of his previous
experience. Yet every year of his long episcopate of twenty-
nine years only demonstrated the wisdom of his selection,
particularly as an ecclesiastical statesman. 2 On his arrival
he found the conditions of life in general far from satisfactory ;
he had but six clergy and three catechists under his super-
intendence, and of these, three were fellow-passengers with
him from England. But with a firm resolve and steadfast
purpose, he set himself to his great task. In those early
days, a bishop travelled throughout his diocese mainly by
road ; there were few railways, and not many good .roads ;
and the territory within Perry's Diocese was np exception.
After the labour and effort of many years, he succeeded in
dividing his Diocese and in founding that of Ballarat, which
contained an area of nearly one-half of the whole State., He
seems to have regarded this work as the crowning effort of
his long episcopate, and after a Bishop had been appointed
to the new Diocese, Perry began to prepare for his own
retirement, and as he was approaching seventy years of age
he returned to England, and resigned in 1876. Queen
Victoria recognized his work in Melbourne and Victoria by
making him Prelate of the Order of St. Michael and St.
George. He lived for many years in England, and for some
time was Canon of Llandaff. He died in 1891 at the age
of eighty-four years.
VIII. BISHOP TYRRELL
William Tyrrell (1807-1879) was born at the Guildhall,
London, where his father held the office of City Re-
membrancer. He was educated at Charterhouse, and
afterwards graduated at St. John's, Cambridge. Leaving
there he commenced to read for the law, but soon dis-
covered (as Perry did) that the legal profession did not
1 Secretary of the C.M.S., and Perry's friend of his University days.
2 Cp. infra, pp. 83-90.
HISTORY OF THE AUSTRALIAN CHURCH 49
appeal to him, and he decided to be ordained. At Cam-
bridge, he made a life-long friendship with Selwyn of New
Zealand, who, after his consecration, invited Tyrrell to
accept the office of Archdeacon in his (Selwyn's) Diocese.
The offer was declined, and Tyrrell remained at his post as
incumbent of Beaulieu, in Hampshire, until 1847, when
Archbishop Howley (to whom Tyrrell was known only by
repute) asked if he would consent to being nominated to
the Crown for the Diocese of Newcastle, New South Wales.
Tyrrell responded, and he was consecrated Bishop of New
castle at Westminster Abbey on the same day as Perry
and Short.
Shortly afterwards, he sailed for his diocese, and never
once returned to England after his appointment.
Tyrrell lived and died a celibate, and is buried at Morpeth,
in the. Diocese of Newcastle, 1 the scene of many of his
labours, and where he presided at the first Synod in his
diocese. He was not so endowed with literary gifts as
Perry ; but in their place possessed charm of personality,
devotion to duty, and sympathetic interest in the well-
being of his clergy. He was a good horseman, and during
his episcopate, practically all his Visitations qf his huge
diocese, involving hundreds of miles of travelling, were
made on horseback. In his will he left a princely sum of
money which he estimated would eventually realize a
capital amount of 250,000 for diocesan purposes ; and
though his successor, Bishop Pearson, retired shortly after
his appointment, broken down in health and mind by the
temporary failure of his predecessor's munificence, these
endowments still exist and flourish to-day,
IX. GOLD
The discovery of gold in Victoria in 1850 was a crisis for
the Church no less than for the Colony. It had three highly
important effects on the history of the Church :
i. The great increase in emigration. 2 Nearly all classes
of society except the clergy were attracted to the
Continent, consequently a decline in the number of clergy
in proportion to the population resulted. Perry soon
grasped the seriousness of the situation, and his journey
tp England in 1852 was largely concerned with this
question. He appealed to the Missionary Societies, and
1 On Bishop Tyrrell as an administrator, cf. pp. 103-111 and Chapter X.
2 .The population in.the years 1850-1852 rose from 77,345 to 150,000.
50 THE AUSTRALIAN CHURCH
succeeded in inducing several other clergymen to return
with. him.
ii. It resulted in a great shifting of the population. It
meant that such clergy as there were, were not to be found
in the most advantageous positions. Since definitely
parochial organizations had been built up, often only after
many years' labour, it was no easy matter for the Church
to transfer her activities to those places where her ministra-
tions were most needed.
iii. It meant a deterioration in the ideals of the people.
In men who were willing to abandon their ordinary oc-
cupations in the hope of success in the gold areas, there
arose a spirit of restlessness which was anything but favour-
able to the growth of religion. And still more difficult was
it to create enthusiasm for religion in people whose purposes
were frankly materialistic. It took several years before the
immigrants were again of a class who felt the needs of the
ministrations of the Church,
X. BISHOP NIXON
As far back as 1803, Tasmania was made a convict settle-
ment, but the Church cannot claim such an early date for
its beginnings there, though the first chaplain to the convicts
arrived in 1804. We have seen that Archdeacon Hobbes
Scott held two visitations in the Colony then known as
Van Diemen's Land. Broughton also visited this part of
his territory ; and soon after his appointment as Bishop of
Australia, a new Archdeaconry was formed for Van Diemen's
Land, in March 1836, to which Broughton collated the
Reverend William Hutchins, one of his contemporaries at
Pembroke, Cambridge, and a Wrangler in the same tripos as
himself. 1
In 1842, the Bishopric of Tasmania was created ; it
might have been expected that a See in Port Phillip
(Melbourne) would have been established first, but it must
be remembered that Van Diemen's Land had long been an
independent Colony with its own Lieutenant-Governor.
The establishment of the See was largely due to the exertions
of the Governor, Sir John Franklin (who was a life-long
friend of Bishop Nixon), though mention should be made
of the generous grant of 2500 from the S.P.G. towards
1 See Memoir of Broughton, by Harrison, in a volume of Sermons by
W. G. Broughton, 1857, p. xvii. The name of William Hutchins is per-
petuated in the Hutchins' School (the Church of England Grammar School)
atHobart. He died in 184:;
HISTORY OF THE AUSTRALIAN CHURCH 51
the endowment of the Bishopric. 1 Nearly a third of the
population were convicts who had served their sentences ;
and as late as 1847 the Bishop spoke of a degree of wicked-
ness among the convict gangs unexampled in the annals of
the Christian world. 2 But conditions gradually improved
after the cessation of transportation in 1853 ; and Tasmania
was the first of the Australasian Colonies to maintain a
self-supporting church and undertake missionary work in
New Guinea and Melanesia. 3 '; "
Francis Russell Nixon was born in 1803, and educated at
Merchant Taylors' School and St. John's College, Oxford,
of which college he became a probationary Fellow. He
graduated in 1827, taking a third class in Classics. His
father was a clergyman, so that the Bishop's early life
came closely under the influence of the Church.
After his ordination, he served at Naples as Chaplain to
the;. Embassy, and/later, held the parishes of Sandgate and
Ash in Kent. He also held the position of one of the Six
Preachers attached to Canterbury Cathedral a no small
distinction ; and was well-known as the author of a book
on the Catechism. 4
At the age of thirty-nine years he was nominated to the
Crown by the Archbishop of Canterbury (Howley) and duly
consecrated as first Bishop of Tasmania, by Bishop Blom-
field of London, under commission of the Archbishop of
Canterbury, at Westminster Abbey, on August 24th, 1842.
Probably no other bishop of the early Australian episcopate
faced greater physical discomfort and hardship than Nixon ;
and a thrilling story of adventure is told by him in a small
volume,? of a tour of part of his diocese in the islands
adjacent to the coast of Tasmania.
Possessed of a strong will, a vigorous intellect, and
benevolent purpose, he guided the early building of the
Tasmanian Church ; and after an episcopate lasting twenty-
one years, he resigned, and returned to England. The
Archbishop of York appointed him to the Rectory of Bolton
Percy, near York ; but his health began to fail as the
result of the severe and rigorous Tasmanian life, and, he
was soon compelled to resign the living. He spent the
1 Cp. F. W. Cornish : A History of the English Church in the Nineteenth
Century, Part II, p. 467. ' a Ibid, 3 Ibid., p. 408.
4 Lectures : Historical, Doctrinal, and Practical, on the Catechism of the
Church of England. London, 1843.
6 The Cruise of the Beacon : Bishop of Tasmania. Bell and Dalby,
London, 1857.
52 THE AUSTRALIAN CHURCH
eventide of his life near Lago Maggiore in Italy amid the
quiet companionship of a few friends. Queen Victoria, who
honoured him greatly, sent her physician to see if anything
more could be done in his last illness, but in vain ; and he
died in his seventy-seventh year in 1889. His remains lie
in the cemetery at Stresa, which he had himself consecrated
as a burial-ground a few years before.
XL BISHOP SHORT
The tremendous part played by Bishop Short (of Ade-
laide), and the service rendered to the Church in Australia
during its early history, will be described in detail else-
where i 1 there remains but the simpler task of recording
briefly the more personal characteristics of so great a figure.
His biographer, the present Archdeacon of Hobart, has told
the story of his career and episcopate so fully that it seems
almost an intrusion to attempt to collaborate, and comment
upon his labours and successes.
Augustus Short, the son of a London barrister, was born
in 1802, and began his education in 1809 at Westminster
School, whence he proceeded, in 1820, to Christ Church,
Oxford, where he graduated with a first class in Classics in
1823. Though, strangely enough, like Broughton and
Perry, he had been intended for the legal profession, he
became tutor of his College, and for some time one of his
pupils was the late William Ewart Gladstone. In 1835, he
accepted the living of Ravensthorpe, a poor living in a
country district in Northamptonshire.
In 1846, he delivered the Bampton Lectures 2 at the time
when the Tractarian controversy was at its height. As
later history showed, 3 Short was a staunch Tractarian, and
to these views he rigidly adhered throughout his career.
In July 1847, while still Vicar of Ravensthorpe, he
received the following letter from the Archbishop of Canter-
bury, offering him the choice between that portion of the
Colony which formed the Diocese of Newcastle, and the
Diocese of Adelaide :
" REVEREND AND DEAR SIR,
"It being a matter of the utmost importance to
obtain the services of men who are qualified by ability,
attainments, judgment, and temper for important stations
1 Cp. pp. 97-99.
8 Title, The Witness of the Spirit with our Spirit,
9 Cp. p. 97.
HISTORY OF THE AUSTRALIAN CHURCH 53
in the Church as bishops in the newly-constituted dioceses
of Australia, I trust that you will be disposed to accept an
office in which, from all I have heard; I consider you will
be eminently useful. In temporal respects, these bishoprics
have little to offer; the salaries of the bishops are little
more than eight hundred a year. But this, I understand,
is sufficient to bear all the expenses in a country where
incomes in general are small, and money goes further than
in England. The diocese over which you would preside is
situated in the north-east of Australia. It is not yet
determined whether the See shall take its name from
Newcastle or some other town. I have reason to think
that, in point of situation, it is the most desirable of any
of the new Sees. The climate is uniformly represented as
very fine.
" I remain, dear Sir,
" Your laithful servant,
" W. CANTUAR.
"REV. AUGUSTUS SHORT.
" P.S. A new See is also to be established at Adelaide, in
South Australia, and it is indifferent to me which of the
two you would choose. Before you determine, however,
you might consult Mr. Hawkins, the Secretary of the Society
for the Propagation of the Gospel, who can give full in-
formation of all particulars." 1
Short accepted Adelaide, and Archbishop Howley wrote
to him : " Your acceptance of the Bishopric of Adelaide
for this, I understand, is your choice has given me sincere
pleasure. I anticipate the greatest advantage, under the
Divine blessing, to the infant Church of the Colony from
your zeal and ability." 2
Short was duly consecrated first Bishop of Adelaide, in
Westminster Abbey, on St, Peter's Day, 1847, together
with the Bishops of Cape Town, Melbourne, and Newcastle.
The area of the Diocese of Adelaide then included Western
as well as South Australia, and over this he presided until
the See of Perth was founded in 1857, after which date he
still continued his episcopate as Bishop of Adelaide.
It should be mentioned here that the endowment of the
See was provided by Miss (afterwards Baroness) Burdett-
\ This letter is taken from Whitington : Augustus Short, p. 44.
* 76i(f.,pp. 44 f.
54 THE AUSTRALIAN CHURCH
Goutts, whose name will always be recalled for her generosity
towards the extension of the Colonial Episcopate. 1
Like his brother prelates of this era, Bishop Short had
many administrative obstacles to overcome ; but his
tenacity of purpose and churchmanship by conviction, and
in action, stood him in good stead, and he was recognized as
an energetic and successful administrator.
We shall discuss in detail later 2 his constitutional policy
for the governing of his diocese, but we may here illustrate
briefly his standpoint. Addressing his successor, Bishop
Kennion, after the latter's consecration at Westminster
Abbey, Short said, when presenting to him the pastoral
Staff of his diocese : " I earnestly wish that the Church of
South Australia may ever remember and hold fast its
connection with the Church of England." 3 His general
position was, that the Church in Australia had not broken
away from the Mother Church, but had been left to its own
counsels and discretion. He wished to see union with the
Mother Church preserved and strengthened, whilst he was
not prepared to surrender liberty of action, or to subject
the Church to State authority a policy which was advocated
by his former pupil, Gladstone, so far as the Church in the
Colonies was concerned.
He resigned his See in 1881, when convinced that the
state of his health no longer justified his holding the reins
of office, and he departed for England in that year. He
died on October 5th, 1883.
1 Between 1847 and 1857, these gifts amounted to 50,000. She
intended that the Colonial Bishoprics should remain in dependence on the
Anglican Church at home. Cp. Dictionary of National Biography, Second
Supplement, Vol. I, p. 261. Smith Elder & Co., 1912.
2 Cp. pp. 97-99-
3 Cp. Church Standard, Sept. 28th, 1917, p. 6.
CHAPTER IV
THE BEGINNINGS OF THE CONSTITUTIONAL
HISTORY OF THE CHURCH
I. THE REV. R. JOHNSON
" "\/"^ are * ^ serve an d follow such orders and
Y directions from time to time as you shall receive
from our Governor." With these words from
the King's Commission, 1 the earliest Constitution of the
Australian Church is summed up. The first chaplains were
appointed solely by the State, and owed their allegiance to
none save ,God, the King, and the Governor. Their duties,
as we have seen, were to tend the spiritual needs of the
convict population ; the convicts were government property ;
and any ministrations which they might need were to be
paid for from the Government purse. Hence that was the
source from which Mr. Richard Johnson drew his meagre
salary of 182 los. od. a The State paid him, and looked
for a tangible return for its expense. With the payment
of his stipend, the Government regarded their obligations
to the chaplain discharged. No provision was made for the
building of churches, and had it not been for Johnson's
enterprise, there would have been no church at that period.
He, however, was, as we have seen, sufficiently self-sacrificing
to erect a church, and though he was eventually reimbursed,
it was not till Governor Phillip had been replaced by Hunter.
The appointment of these chaplains, moreover, was the
only recognition accorded to religion, though careful in-
structions were issued in the original Commission to Governor
Phillip for the " due observance of religion . . . and due
celebration of public worship." 3 Additional instructions to
Governor Phillip, however, issued in 1789, state ; " It is
Our further Will and Pleasure that a particular spot in or
as near each town as possible be set apart for the building
1 Document A.
8 Historical Records of New South Wales, Vol. I, Part II, pp. 27, 33.
Ibid., p, 90.
55
56 THE AUSTRALIAN CHURCH
of a church, and 400 acres adjacent thereto allotted for
the maintenance of a Minister and 200 for a School Master." 1
II. His SUCCESSORS
Johnson was not for long the only chaplain. He soon
received help from the Reverend Samuel Marsden as
" Assistant Chaplain " in 1793. At first these chaplains
were directly responsible to the State ; but after 1800
Governor Macquarie no longer required submission from
the subordinate chaplains, who were henceforth responsible
to the Principal Chaplain alone. 2 The Crown still continued
to appoint the chaplains, however. 3 The instructions
issued to Phillip in 1789 were repeated in Hunter's Com-
mission. 4
The new Governor on his arrival proceeded to do his
best to fulfil them ; for within three years he reported to
the Secretary of State for the Colonies, that he anticipated
"laying the foundation-stone of a church building." His
attitude is well summed up in the following despatch : 5
" I cannot help observing, my Lord, that this Colony has
now been a long time established without a proper building
for the clergy to perform divine service in, which is really a
disgrace to us as a Christian Colony and had not my hands
been so tied up, a church should have been raised long
since ; but being weak in public labour and in danger of
considerable loss for want of proper public buildings, I
have not been able to attend to so necessary a work except
by involving considerable public expense. I trust, however,
that I shall soon be able to lay the foundation of a church."
Here we see a clear indication of the policy of the Governor
towards the infant Church ; he recognized the maintenance
of religion as being part of his official duty. So, too, did
the Home Government. In the Instructions issued to Sir
1 Historical Records of New South Wales, Vol. I, Part II, p., 259.
a In a government and general order, issued at Sydney on Sept. 1 5th,
1810, we read : " The Assistant Chaplains are, however, to consider them-
selves at all times under the immediate control and superintendence of
the Principal Chaplain and to make such occasional reports to him respect-
ing their clerical duties as he may think fit to require or call f or . " Historical
Records of New South^ Wales, Vol. VII, p. 409.
8 Cp. The Commission of the Rev. H. Fulton, dated May sist, 1811,
Historical Records of New South Wales, Vol. VII, p. 539.
* And in the Commission of subsequent Governors down to Brisbane.
Cp. Instructions issued to Brisbane, Historical Records of Australia, Vol. X,
Series I, pp. 598-602.
* Sent from Sydney Jan. loth, 1798, to the Duke of Portland. Historical
Records of New South Wales, Vol. Ill, p. 350.
- CONSTITUTIONAL HISTORY 57
Thomas Brisbane in 1821, we read, " aii~d.it is our further
Royal will and pleasure that you do by all proper methods
enforce a due observance of religion and good order among
the inhabitants of the said Settlements, and that you take
particular care that all possible attention be paid to the
due celebration of public worship." 1
III. APPOINTMENT OF BISHOP OF CALCUTTA
An event which was destined to have some bearing on
the history of the Australian Church took place in 1814.
That event was the granting of Letters Patent establishing
the Bishopric of Calcutta. For some time there had been
agitation in this direction, and following this, Parliament
in 1813 2 foreshadowed the creation of the episcopal office
by passing an Act which embodied the condition that if
the Crown should issue Letters Patent for the foundation
of a Bishopric for the whole of the territories of the East
India Company's Charter, the salaries of the Bishop and
Archdeacons should be paid, by that Company. Letters
Patent were issued on May 2nd of the following year,
providing for the establishment of the Bishopric of Calcutta. 3
The sphere of his jurisdiction, however, was not that of all
the territories within the East India Company's Charter, as
had been provided for in the original Act (1813), but those
within its sphere of Government, i.e. India itself.
Thomas Fanshaw Middleton 4 was appointed the first
Bishop of the "United Church of England and Ireland
within the territories of the United Company of Merchants
of England, trading to the East Indies." He was subject,
in his office, to the Archbishop of Canterbury, " in the same
way as any bishop of any See within the Province of Canter-
bury in our kingdom of England," except that appeals
against " judgments, decrees, and sentences " of the Bishop
of Calcutta were to be made to a special court of com-
missioners. Subject to the Bishop, were appointed three
Archdeacons of Calcutta, Madras, and Bombay respectively.
It should be noted that these Archdeaconries were created
1 Historical Records of Australia, Vol. X, Series I, p. 598.
8 53 George III, c. 155. Clause 49.
8 The document is of excessive length even for Letters Patent ; it is
too long to print. A copy of it (which I have used) is to be found in
the Lambeth Palace Library (Button's Register, Vol. I, p. 242).
4 A valuable biography of him has been written by Rev. Charles Webb
Le Bas : The Life of T. F. Middleton, London, 1831, 2 vols. Le Bas was
Professor in the East India College, Haileybury, Hertfordshire.
58 THE AUSTRALIAN CHURCH
by the Crown, and that the Bishop of Calcutta, was unable,
on his own authority, to increase their number ; he had,
however, the right to " collate " to the three Archdeaconries.
With reference to property, the Bishop and Archdeacons
were to be " bodies corporate." The Crown had the power
" to revoke or recall " the Bishop or any of his Archdeacons.
Middleton was duly consecrated Bishop on Sunday, May
8th, in the same year, in Lambeth Palace Chapel.
By these Letters Patent then, Australia was not included
within the Diocese of Calcutta. The Bishop of Calcutta had
no jurisdiction at this time outside India, as he himself
recognized. Referring to some questions asked by the
Reverend Samuel Marsden relative to the subject of educa-
tion in New South Wales, the Bishop of Calcutta wrote in
October 1819 : "Mr. Marsden writes like a man who will
readily and thankfully accept any assistance from me ; so
that I do not expect any opposition or untowardness in
that quarter. I believe, however, that New South Wales
is, by courtesy, if not by law, in the Diocese of London, and
I am no friend to intrusion." 1 Reference, of course, is
made here to an Order in Council of Charles I, whereby all
British subjects overseas were under the spiritual jurisdiction
of the Bishop of London. 2
IV. THE APPOINTMENT OF THOMAS HOBBES SCOTT
The original Letters Patent constituting the See of
Calcutta gave the Bishop, as we have seen, jurisdiction
over India only ; and they did not enable him to create
new Archdeaconries. Consequently, when it was decided
three years later to establish a fourth Archdeaconry for
Ceylon, it was necessary to issue two series of Letters
Patent, the one to create the Archdeaconry itself and the
other, to increase the extent of the Bishop of Calcutta's
jurisdiction and to place the Archdeaconry under his
control. Both series of Letters Patent were dated September
27th, 57 George III. In this case, moreover, the Bishop
had not the right of collating to the office, when vacant, as
in the case of the other three Archdeaconries.
Further Letters Patent were issued on May 27th, 1823.
These placed the whole of the territories within the Charter
of the East India Company under the control of the Bishop
1 Quoted Le Bas, op. tit,, II, p. 99.
8 Quoted in Phillimore ; Ecclesiastical Law, 2nd edition (1895), p. 1770..
CONSTITUTIONAL HISTORY 59
of Calcutta. 1 In this way, Australia and Tasmania became
subject to the episcopal jurisdiction of India. It was thus
only natural that when an Archdeacon of New South Wales
was appointed in the same year, he should be under the
control of the Bishop of Calcutta. The Letters Patent were
issued on October 2nd, 1824, and a somewhat detailed
summary of this highly important document 2 for the
Constitutional history of the Australian Church must be
given. " It is expedient," the letters tell us, " to make
further provision for the due regulation and order of persons
duly ordained to officiate as ministers of the United Church
of England and Ireland ", within the Colony of New South
Wales. With this end in view " we have determined to
constitute one Archdeaconry, subject during our pleasure to
the Jurisdiction, spiritual and ecclesiastical of the Bishop
of Calcutta for the time being." Thomas Hobbes Scott
was recommended to fill this office, and his appointment
he owed solely to the Crown. "-By virtue of this our
nomination alone (he shall) enter into and fully and abso-
lutely possess and enjoy the said office of Archdeacon."
His duty is to be " assisting the Bishop of Calcutta in the
exercise of his Episcopal Jurisdiction and Function accord-
ing to the duty of an Archdeacon by the Ecclesiastical Laws
of our Realm of England." " During a vacancy in the
office, his duties shall be undertaken by some discreet
minister in Priest's Orders of the Church of England, who
shall be nominated for that purpose by our Governor."
The Governor is also to assist the Archdeacon in the exercise
of his office, more exact details being given in the letter of
Earl Bathurst to Governor Brisbane referred to below.
The Archdeacon is to appoint his own Registrar. The
Supreme Court of Jurisdiction in New South Wales is to
exercise Ecclesiastical Jurisdiction in certain matters as it
had done in the past, 3 but only in " so far as the same does
not relate to the correction of clerks or the spiritual super-
intendence of Ecclesiastical persons or to give to the said
Archdeacon or his Successors any authority or Jurisdiction
whatsoever in causes testamentary or matrimonial or in
matters now cognisable in the said court, except as herein
last before excepted." The Archdeacon is constituted "a
1 Patent Roll 4256. George IV. Part 5, No. 10. It is printed as an
Appendix (Document B).
2 The document is to be found in the Public Record Office, London,
Patent Roll 4275. George IV. Part g, No. 2. It is printed as an Appendix
(Document C). 8 Cp. Therry, op. cit., p.
60 THE AUSTRALIAN CHURCH
body corporate," and capable of " purchasing, having,
taking, holding and enjoying Manors, Messuages, Lands,
Rents, Tenements, Annuities and Hereditaments of what
nature or kind so ever." The Crown retains the power of
" revocation and recall " of the Archdeacon.
Such, in essence, were the provisions of the document
which appointed the first Archdeacon of New South Wales.
Two months after the issue of the Letters Patent, Earl
Bathurst, Secretary of State for the Colonies, in his Despatch
No. 47 to the Governor, 1 Sir Thomas Brisbane, issued
additional instructions relative to the functions and powers
of the Archdeacon, specially emphasizing the necessity of
his exacting due deference to, and recognition of the
dignity of his office as Archdeacon, " and requiring all
the clergy of the Established Church and other his
Majesty's subjects to yield all due Canonical obedience to
the Archdeacon." He was to supervise education in the
Colony, for he was to be the " Visitor of all schools main-
.tained throughout the Colony by His Majesty's revenue."
He was to make a " public visitation of all the churches
throughout the Colony, including the settlement of Van
Diemen's Land. And the various Chaplains in the Colony,
and all Church-Wardens., officiating Clerks, and other
persons connected with the celebration of Divine Worship "
were bound to "attend the Archdeacon's visitation."
This visitation was to take place annually and further, he
was to signify in writing his opinion on what particular
station any new chaplains arriving in the Colony should be
placed, and on this recommendation the Governor was to
act. He was to regulate the times for all Divine Services
throughout the Colony, and he had power to approve and
confirm such appointments as " Vergers, Clerks, Sextons
and Bell Ringers," as well as to have power to remove them
if sufficient cause were forthcoming. In the event of any
clergyman committing an offence or being guilty of any
neglect of his clerical duties, he could recommend to the
Governor the suspension of the offender and report thereon
to his Diocesan, the Bishop of Calcutta. He was to take
rank and precedency in the Colony next after the Governor,
who was to be careful to confer on him " on all public
occasions, such marks of attention as may most effectually
recommend his person and his Sacred Office to the respect
c
1 Historical Records of Australia, Vol. XI, Series I, pp. 419-422.
Document D.
CONSTITUTIONAL HISTORY 61
of the lower and less educated classes of society." The
Archdeacon's salary, which was no mean one, 1 was to be
paid by His Majesty's Government. In addition, however,
he was to receive " such moderate expenses as the Arch-
deacon may unavoidably incur in making his visitations "
from the revenues of the Colony. The powers thus conferred
upon the Archdeacon were very extensive. Bishop Middle-
ton's biographer commenting on Bathurst's despatch to
Brisbane, says : "It forms a somewhat curious document
in the history of the episcopal establishments of our colonies ;
since it invests the Archdeacon of Australia with some
powers which exceed those conferred on the Bishop of
India. These powers, however, it must be perceived, were
by no means greater than were required to give to the
Archdeacon becoming authority and weight in a dependency
so remote from the seat of episcopal jurisdiction ; and,
after all, the settlement must, practically, be left destitute
of the rite of confirmation, the consecration of churches,
and all the acts and offices peculiar to the episcopal function,
so long as it remains under the jurisdiction of a Bishop
whose distance renders a visitation of this part of his
diocese next to impossible." 2 .
Thomas Hobbes Scott remained Archdeacon until 1829,
when he resigned; and fresh Letters Patent were issued
appointing William Grant Broughton as his successor.
' We see, then, that the conditions existing at the time of
the arrival of the Reverend Richard Johnson, in 1788, and
for the twelve years of his chaplaincy, during which he
received little, if any, encouragement in his labours, 3 are
in striking contrast with those which prevailed in 1824, on
the. assumption of the office of Archdeacon by Mr. Scott,
who entered on his ministry, sustained by the support of
the Home Government, including the Secretary of State
for the Colonies (Lord Bathurst) and of the Governor of the
Colony (Sir Thomas Brisbane), and with the belief that his
Diocesan, the Bishop of Calcutta, should any occasion arise,
was ready to guide and assist him.
V. DIVISION OF DIOCESE OF CALCUTTA
The next event of importance for the history of the
Australian Church constitution was the separation of the
Diocese of Madras from that of Calcutta. In the period of
peace, subsequent on the Napoleonic Wars, the East India
1 .,2,000 a year* * Op,. cit, t II, p. 379, 8 Cp. pp. 39-41*
62 THE AUSTRALIAN CHURCH
Company's activities in. India had considerably increased,
and there was every justification in 1835 for the creation. of
a second bishop in India. Plans for the proposed new
diocese were put forward on September 26th, 1830, by
Bishop Turner of Calcutta as early as 1831, 1832. x Under
this scheme, India was to be divided into two Dipceses of
Calcutta and Madras respectively, and there were to be
four Archdeaconries in all, the three existing Archdeaconries
being increased to four through the sub-division of that of
Calcutta. It was suggested that certain colonial possessions
of the Crown, viz., Cape of Good Hope, Isle of France,
Ceylon, New South Wales, Van Diemen's Land, and the
" detached settlements established, or which may hereafter
be established, on the Coast of New Holland," should be
placed under the joint superintendence in matters ecclesi-
astical of the two Indian Bishops. The Letters Patent 2
which brought this proposal into effect were dated -June
I3th, 5 William IV. They made no provision, however,
for the Church outside India. All that is laid down regard-
ing it is " that from and after the loth day of October . . .
the territories within our Island of Ceylon and also our
Colonies of New South Wales and Van Diemen's Land and
their respective dependencies shall be dissevered from, and
cease to be parts of the said Diocese and See of Calcutta, and
we do by these presents revoke all and singular the Rights,
Powers, Authorities, Functions and Jurisdictions of the
said Bishop of Calcutta and His Successors, in and over . . .
the Territories within the Island of Ceylon, and our said
Colonies of New South Wales and Van Diemen's Land and
their respective Dependencies, except only such Rights,
Powers, Authorities, Functions and Jurisdictions as shall
be hereinafter limited or confirmed." The Archdeaconry of
Australia was simply severed from that of Calcutta ; there
is no reference in the Letters Patent to the original proposal
that he should be under the joint superintendence of the
Bishops of Calcutta and Madras.
VI. THE FIRST AUSTRALIAN BISHOP
As we have seen, the time was now ripe for the creation of
a Bishopric in Australia. In 1833, a letter 3 was sent by
1 Reports from Committees. Session 1831-2* Vol. IX [East India
Company's Affairs, Vol. II], pp. 810 f. Document E. 2 Document F.
8 Despatch No. 76, per ship 'Elizabeth. Dated Sept. soth, 1833,
Historical Records of Australia, Vol. XVII, Series I, pp. 224-233. Docu-
ment G, . , '.,-.'
CONSTITUTIONAL HISTORY 63
Sir R. Bourke to the Right Honourable E. G. Stanley,
Secretary of State for the Colonies, in which he set out, in
some detail, the conditions of the Church in the Colony.
He strongly urged that the Archdeacon should be con-
secrated Bishop. " For the better discipline of the Chaplains
of the Church of England, for obtaining the necessary
celebration of the Rites of Ordination and Confirmation,
and for maintaining the connection of this Church with
the Metropolitan, I would suggest that the Archdeacon of
New South Wales be made a Suffragan to the Archbishop
of Canterbury or Bishop of London. The stipend of the
present Archdeacon is more than sufficient for the proper
discharge of this office, and that of his successor might be
reduced very considerably." 1 In a later letter to Stanley
on the subject, he wrote to the same effect : " In spiritual
matters indeed, the clergy of the Church of England require
a local Head ; and I cannot, upon further reflection, re-
commend any arrangement more likely to answer than the
appointment of a Bishop for these Colonies at a low rate of
stipend." 2 The proposal to create a Bishopric was adopted.
On November 3oth, 1835, Lord Glenelg wrote to Bourke :
" I have much pleasure in informing you that His Majesty
has been graciously pleased to nominate him (Broughton)
to the new See." 3
The .establishment of the Bishopric was facilitated by
Broughton's visit to England in i834. 4 When the Letters
Patent severing Madras from Calcutta were issued, there is
little doubt that the appointment of a Bishop of Australia
had been practically determined. Otherwise, some more
definite provisions regarding the jurisdiction to which the
Archdeacon of New South Wales was subject would have
been laid down. Apparently, the Archdeacon, for some
months, was under no episcopal jurisdiction ; for it was
not till January i8th, 1836, that the New Letters Patent
were issued. Here it is explicitly stated that" our subjects
(resident in New South Wales, Van Diemen's Land and
Western Australia, and their dependencies) are deprived of
some of the offices prescribed by the Liturgy and the usage
of the Church aforesaid by reason that there is not a Bishop,
residing or exercising Jurisdiction and Canonical Functions
1 Ibid.
* Historical Records of Australia, Vol. XVIII, Series I, p. 394. This
letter is dated March nth, 1834.
* Ibid., p. 204.
4 Cp, pp. 44 f.
64 THE AUSTRALIAN CHURCH
within the same," and that Broughton was to be appointed
" for the remedy of the aforesaid inconvenience." 1
The chief points in these highly important Letters
Patent 2 are the following :
1. The New Bishop was clearly intended to regard his
office as a Crown appointment as he held it subject not only
to " the right of resignation " but also to " the power of
revocation."
2. Yet he owed allegiance, too, to the Archbishop of
Canterbury, " in the same manner as any Bishop of any
See within the Province of Canterbury in our Kingdom of
England is under the Archiepiscopal See of the Province of
Canterbury and the Archbishop thereof " and he had to
take an oath of canonical obedience to him on his ap-
pointment. 3 ,
3. The limits of his jurisdiction were those referred to
above, i.e. " all the Territories and Islands comprised
within, or dependent upon, our Colonies of New South
Wales, and Van Diemen's Land and Western Australia."
4. Further he was given " full Power and Authority to
confirm those that are baptized and come to years of
discretion," only, however, "within the limits of the said
Diocese of Australia."
5. He could also ordain ; but under limitations of such
a peculiar nature that it is necessary to quote the section
in full. " We do by these presents give and grant to the
said William Grant Broughton, and his successors, Bishops
of Australia, full Power and Authority to admit into the
Holy Order of Deacons and Priests respectively, any person
whom he shall upon examination deem duly qualified,
especially for the purpose of taking upon himself the cure
of souls, or officiating in any spiritual capacity, within the
limits of the said Diocese of Australia, and residing therein.
And we do by these Presents, will and ordain that a declara-
tion of such purpose, and a written engagement to perform
1 Cp. also Glenelg's letter to Bourke, dated December aist, 1835.
[Parliamentary Papers (Reports). Session 1850. Vol. XXXVII, No. 174,
pp. 23 f .] The creation of the bishopric is to enable " the Head of the
Church of England within the Australian colonies to exercise 'that im-
mediate and effective control over the clergy of that Church, which is so
essential for the maintenance of discipline and good order.".
2 Document H. .
3 The words of the oath were: ' I, William Grant Broughton,: ap-
pointed Bishop of Australia, do profess and promise all due obedience
and reverence to the Most Reverend Father in God, William by Divine
Providence, Archbishop of Canterbury, Primate of all England and
Metropolitan to His Successors, so help me God through Jesus Christ,"
CONSTITUTIONAL HISTORY 65
the same under the hand of such person, being deposited
in the hands of such Bishop, shall be held to be sufficient
Title, with a view to such ordination and that in such a
case it shall be distinctly stated in the Letters of Ordination,
of every person so admitted to Holy Orders, that he has
been ordained for the cure of souls, within the limits of the
said Diocese of Australia, only, and that unless such person
shall be a British Subject of or belonging to our said United
Kingdom of Great Britain and Ireland he shall not be
required to take and make the oath and Subscription,
which persons ordained in England are required to take
and make."
6. He was to exercise jurisdiction over all the clergy of
his diocese. For he was " Authorised to grant Licences to
officiate to all Ministers and Chaplains of all the Churches
or Chapels or other places within the said Diocese of
Australia." The Bishop, though authorised and empowered
to " punish and correct the aforesaid Chaplains, Ministers,
Priests, and Deacons . . . according to the Ecclesiastical
Laws of England," was nevertheless subject in his decisions
to the right of appeal to the Archbishop of Canterbury.
7. As the Archdeacon had been in the past, so now the
Bishop was to a " body corporate," with full power to hold
property. "We will and grant . . . that the said Bishop
of Australia shall be a body corporate, and do ordain, make
and constitute him to be a perpetual corporation, and to
have perpetual succession . . . and have full power to
purchase, have, take, hold, and enjoy Manors, Messuages,
Lands, Rents, Tenements, Annuities, and Hereditaments
of what nature or kind soever, . . . and also all manner of
Goods, Chattels, and Things personal whatsoever of what
nature or value soever."
8. Lastly, it was laid down that, " nothing in these
Presents contained shall extend or be construed to extend
to repeal, vary or alter the provisions of any Charter,
whereby Ecclesiastical Jurisdiction has been given to any
Court of Judicature within Our said Colonies and their
Dependencies, so far as the same do not appertain to the
correction of Clerks or the spiritual superintendence of
Ecclesiastical persons, or to give to the said Bishop of
Australia or his Successors, any authority or jurisdiction
whatever in matters now cognisable in the said Courts,
except as hereinbefore excepted."
66 THE AUSTRALIAN CHURCH
VII. NEW ZEALAND
Only indirectly are we concerned with the early constitu-
tion of the Church in New Zealand. At an early date,
there was founded the Church Society of New Zealand to
help settlers in the Colony to build a church and to establish
suitable schools in which children of the natives and
Colonists should be educated. With the development of
the country, the scope of the activities of the Society were
correspondingly increased. It aimed, later, at providing
" such a Church establishment for New Zealand as shall
be complete and sufficient for all present purposes, and so
to endow this establishment as to enable it to keep pace in
its resources with the growing prosperity of the Colony." 1
Moreover, this Society urged that, " the appointment of a
bishop or bishops for New Zealand was highly important,
and that each bishop should be accompanied by three or
more clergymen who should fix their residence, together
with their bishop, in one spot which may form, as it were,
a centre of- religion and education, for that part of the
country." 2
Up till the year in which New Zealand was proclaimed
a British Colony (1840) the clergy had been maintained by
the Church Missionary Society. In this year, one or two
chaplains were appointed by the Crown. 3 But when it
became definitely a Crown Colony, the question arose as to
whether or not the State would be willing to create another
episcopal See in accordance with the wishes of the Church
Society of New Zealand.
It must not be supposed that the Church in New Zealand
had never before seen the face of a bishop. A visitation,
certainly an unofficial one, was made in 1838 by the Bishop
of Australia, for which Broughton himself was responsible ;
and the event caused a certain degree of resentment on
the part of some of the New Zealand clergy, as he was
unauthorised to officiate there. 4 And even those who were
less hostile were doubtful if the visitation were of any value
since New Zealand was not within his sphere of jurisdiction
in the terms of his Letters Patent. Broughton, while
admitting the objection, replied that there was nothing to
prevent his exercising his spiritual functions in the absence
of legal jurisdiction. " You ask me," says Bishop Broughton,
1 Cp. H. W. Tucker: Life an# Episcopate of G. A. Selwyn, D.D.
(London, 3rd Edit., 1900), i., p. 63.
3 Ibid. 8 Ibid. * Cp. p. 64, par. 3.
CONSTITUTIONAL HISTORY 67
" why I visited New Zealand, not being within my diocese.
The immediate reason was, that Sir R. Inglis, on behalf of
the Church Missionary Society, had asked me to .do so.
But I had a further reason for complying with that request,
to prove to the Romanists by practical evidence that they
are guilty of injustice in affirming that we neither have
nor can exercise any episcopal powers except such as are
derived from our letters patent under the great seal. I
grant, that I would never within the Queen's dominions
exercise episcopal functions except within those limits
which the Queen appoints ; for this, I contend, is the object
and effect of letters patent, not to confer spiritual powers,
but to define the range within which each prelate shall
exercise them. Beyond the limits of the British sovereignty,
I contend that every Bishop has an inherent right, in virtue
of the powers conferred on him at the consecration, to
officiate, especially wherever the good of the Church may
be promoted by his so doing ; and there has been no
episcopate previously established upon which he would be
an intruder. This view, I think you will find confirmed by
Leslie in the Regale and Pontificate, and even by Arch-
bishop Wake, who seems to me to go upon rather low
ground. 1
" Here, then, was a case in point : New Zealand was a
branch of the Church of Christ not within the British
Dominions, not within the bounds of any other episcopate,
the members of which needed and invoked my offices.
"In doing so, I thought I took away all plea for the
Romanists saying that I possessed no power, nor dared to
exercise any except under the authority of temporal patent.
I am for ever henceforth in a situation to give a contradiction
of this false pretension of theirs ; because I have exercised
all the powers of a bishop, ordaining, confirming, consecrat-
ing, and issuing marriage licences, in a country to which
my letters patent neither extended nor pretended to extend.
Now, indeed, New Zealand forms a portion of the British
Empire, and therefore, as I.have reported to the Archbishop,
a portion also of my diocese and of his Grace's province.
But then it did not ; and I assume to have done all I did
in and by that spiritual right which I derived from those
true bishops who, by the laying on of hands, admitted me
1 " As for those realms in which the civil power is not Christian,
natural reason will prompt the members of every church to consult
together the best they can," etc. Wake's Authority of Christian Princes,
p. 266, Ed. 1697.
68 THE AUSTRALIAN CHURCH
to their own order. I do not know whether any observation
has ever been made upon my undertaking this visitation ;
I studied the subject carefully, and felt convinced that I
was acting canonically, and that my acts were valid. These
were my motives, as now stated to. you ; and if there be
the least question raised as to my course of action, I wish
very much to have an opportunity of making them generally
known." 1
The Colonial clergy were, in fact, not enthusiastic about
having a resident bishop in their midst. Even the Church
Missionary Society's Secretary at home was opposed to the
proposal. The Society, however, by making a grant towards
a bishop's stipend, gave their support to the scheme, and
hence events followed which led to the consecration of
Selwyn as the first bishop in 1841.
A careful examination of his Letters Patent 2 reveals
considerable differences from those which were issued to
Broughton. For those differences, Selwyn himself was
responsible. His biographer tells us that when he received
the draft of his Letters Patent, which were based on those
of the Bishop of Australia, he was " shocked by their
apparent profanity." 3 After consulting with Doctors Hope
and Badeley 4 he sent a statement of his objections to the
authorities, but they received no attention.; but he was
more successful in an interview with the Crown Lawyers
and the actual Letters Patent were the result.
The two chief differences between the Letters Patent of
Selwyn and Broughton, revealed ty a comparison of them,
are :
(a) Broughton's appointment was " subject to revoca-
tion," that of Selwyn was (unless he determined to resign)
" for the term of his natural life."
(&) Broughton was granted "power and authority to
confirm." These words are omitted in Selwyn's Letters
Patent, because of his objection that he had such power,
in virtue of his consecration, and not at the delegation of
the Crown.
(c) Further, a section is added empowering him "to
appoint a fit and proper person or persons to be Arch-
deacon or Archdeacons within the Diocese." Broughton's
1 Memoir of Joshua Watson. Edited by E. Churton (z vols. Oxford
and London, 1861), Vol. II, pp. 126, 127.
* Document I. 8 H. W. Tucker, op. tit,, Vol. I, p. 71.
* Badeley later came greatly into prominence in connection with the
Gbrham case.
CONSTITUTIONAL HISTORY 69
Letters Patent made no provisions either way, but those
of the Bishop of Calcutta explicitly denied him the right
to create Archdeaconries ; and such would appear to have
been a limitation laid down in the original Draft Letters
Patent. 1
But though Selwyn had thus succeeded in effecting the
removal of two very objectionable points he was unable to
get the clause, "giving him power to ordain," excised.
He recorded his disapproval in the words : " I think it
right in expressing my readiness to accept the Patent as
now framed to state to Your Lordship that whatever mean-
ing the words of it may be construed to bear, I can see that
those functions which are merely spiritual are conveyed to
the Bishop by the act of consecration alone." 2 Selwyn was
consecrated on October lyth, 1841, in the Chapel of Lambeth
Palace, at the early age of thirty-two.
VIII. SEE OF TASMANIA
The first Chaplain of Van Diemen's Land was the Reverend
R. Knopwood, and it was during his Chaplaincy (February
1817) that the Lieutenant-Governor, Colonel Davey, laid
the foundation-stone of old St. David's, the church which
was at a later date to become the Cathedral. But it was
not till 1836, the year in which Broughton was consecrated
Bishop of Australia, that Letters Patent (dated March i8th)
were issued by which William Hutchins was constituted
the first Archdeacon of the island. Hutchins died in 1841 ;
and on August i8th, 1842, Letters Patent were issued
establishing a Bishopric. By the Letters Patent which
brought the Bishopric of Tasmania into effect, the jurisdic-
tion of the Bishop of Australia over the Colony was revoked.
As in the case of Selwyn, the Archbishop of Canterbury
was his Metropolitan. 3 His Letters Patent 4 were, in fact,
substantially identical with those of Selwyn, which were
issued only a few months earlier. The following differences
are the most noticeable :
(a) Hobart Town was expressly designated his Cathedral
1 Cp. H. W. Tucker, op, cit., Vol. I, pp. 71 f. Selwyn regarded the
office as " no peacock's feather to distinguish one clergyman above
another ; but a partnership of helpfulness and work."
8 Ibid., p. 72.
3 This was soon to be changed by the appointment of Broughton as
Metropolitan.
4 They may be sqen at the Lambeth Palace Library, where I have
studied them and those referred tq in the following pages.
70 THE AUSTRALIAN CHURCH
City. This was the first town to be so designated in the
Colony. 1
(6) Like Selwyn, he tould appoint his Archdeacons. But
his Archdeacons were still more explicitly under his control
than in the case of Selwyn. In the Diocese of New Zealand,
the Archdeacon could exercise the functions which an Arch-
deacon exercised in England ; in the case of Tasmania, he
is to be. solely dependent on the Bishop in the exercise of
his powers. Appeal could be made by anyone against the
Archdeacon's judgments to the Bishop.
(c) More definite provision is made regarding the appoint-
ment of Church officers, e.g. a Vicar-General, Official
Principal, a Chancellor, and Rural Deans, and " other
Commissaries."
IX. THE METROPOLITAN OF AUSTRALASIA AND
THREE NEW SEES
In 1847 three new Australian Sees, namely, Newcastle,
Melbourne, and Adelaide were created ; and the Bishop of
Australia was constituted Metropolitan of Australasia and
Bishop of Sydney. Of the four series of Letters Patent
issued, those referring to the new Metropolitan office are
naturally the most interesting. Bishop Broughton, from
this date onwards, " shall be, and be deemed and taken, to
be Metropolitan of Australasia (subject nevertheless to the
general superintendence and revision of the Archbishop of
Canterbury for the time being, and subordinate to the
Archiepiscopal See of the Province of Canterbury) . " 2 Selwyn,
the Bishop of New Zealand, was also to be included, if
possible, within his jurisdiction. But Selwyn, as we have
seen, had succeeded in securing that his office should not
be subject to revocation by the Crown. Consequently, it is
not surprising that the Letters Patent are somewhat dubious
if they can bring about his submission to any other Metro-
politan than Canterbury. The words dealing with him are :
" and we further will and ordain that the said Bishop of
New Zealand and his successors shall also become Suffragan
Bishops to the said Bishop of Sydney and his successors in
such a manner and at such time as We or Our successors
shall hereafter, with the consent of the said Bishop of New
Zealand or upon a vacancy of the said see be pleased by
Letters Patent under the Great Seal of our said United
Kingdom to order and direct." 3
1 Goulburn, New South Wales, was the last. -
a Document J., Howley's Register twice writes "Australia" for
"Australasia.'- * Infra, p. 33.
CONSTITUTIONAL HISTORY 71
In the Letters Patent, there is no reference to the question
of ordination, and the restriction of those ordained per-
forming their functions only within the limits of Australia.
There is a like omission in the Letters Patent creating the
other three bishops at the same date.
LETTERS PATENT
EXCURSUS TO CHAPTER IV
I. INTRODUCTORY
IT is evident from the preceding chapters what a funda-
mental part the issue of Letters Patent has played in
^the history of the Australian Church. Moreover, on
the part of some, 1 it was felt that they conferred an
autonomous power upon the Bishop altogether inconsistent
with Christian principles.
There is no doubt, however, as to their importance in
the early history of the constitution of the Church, and it
is essential to know exactly what legal powers these docu-
ments possessed, and how far the powers which they pro-
fessed to convey were capable of revocation. As we shall
see, events in another Colony led, eventually, to the cessation
of the further issue of Letters Patent.
II. THE REVEREND G. KING
A test case arose in New South Wales as early as 1859.
The Reverend G. King, a clergyman of the Church in
Sydney, had excluded Barker, the Bishop, from officiating
in his church. He was cited before the Bishop in accordance
with the powers which were purported to be conferred upon
him by his Letters Patent. He was declared guilty. But,
when appeal was made against the Bishop to the Supreme
Court of New South Wales, this body decided in favour of
the offending clergyman. It urged that the Ecclesiastical
Law of England in virtue of 8 William IV, No. 5, even if
originally in force in the Colony, was no longer applicable.
The verdict was further substantiated by an appeal to the
English Statute 9 Geo. IV, c. 83, section 24, by which the
Colonial Legislation was corroborated. 2 In this way the
1 Notably Bishop Perry of Melbourne. Cp. pp. 83 f .
1 The case is given in full in Legge : New South Wales Cases, Vol. II,
p, 1307. The above is taken from A Digest of the Reported Cases decided
72 THE AUSTRALIAN CHURCH
authority which was thought to attach to Letters Patent
received a most serious blow.
III. THE LONG v. BISHOP OF CAPE TOWN CASE, 1863 x
It is necessary to turn our attention to another part of
the world. Bishop Gray, the first Bishop of Cape Town, 2
was appointed to the See on June 29th, 1847. This Bishop
had been in the habit for some years of convening Synods
as was done in Australia ; and among the clergy of the
diocese whom he regularly summoned was a certain Mr.
Long. Long, however, for reasons which do not concern us,
refused to attend these Synods, and also failed to take the
necessary steps for the election of a lay representative from
his parish. He was, in consequence, deprived of his office.
Long now attempted to get the Bishop's judgment
reversed. He appealed first to the local legislature ; but
was unsuccessful, since they upheld the Bishop's decision.
In consequence, he decided to appeal to the English authori-
ties ; and when the case came before the Judicial Committee
of the Privy Council, the decision was reversed. The Privy
Council maintained that there was certainly no authority
attaching to Diocesan Courts, since they were not even
referred to in the Letters Patent. And they were scarcely
less emphatic as regards the Bishop's powers. The Letters
Patent conveyed to him no powers of coercive jurisdiction.
The Judges of the Judicial Committee said, in fact " It is
not beyond our province to observe that the bishop has
been involved in the difficulties by which he has been
embarrassed in a great measure by the doubtful state of the
law, and by the circumstance that he, not without reason,
considered the letters patent under which he acted to confer
on him an authority which, at the time that he acted under
them, her Majesty had no authority to grant, and that
either in this or in some other suit, it was important to the
interests of the colony generally, and especially of the
members of the Church of England within it, that the many
questions which have arisen in this case should, as far as
possible, be set at rest." 3 In another section of the document,
in the Supreme Court of New South Wades, 1825-1904. This work is not
easily obtainable, but I was allowed access to it by the Masters of the
Bench of the Middle Temple.
1 Cp. i Moo. P.O., N.S., 411 ; 9 Jurist N.S., 805 ; 8 L.T., 738 ; 11
W.R.,900.
8 The See, it is interesting to observe, was founded on the same day
as those of Adelaide, Melbourne, and Newcastle.
s Cp. foot-note (i) above.
CONSTITUTIONAL HISTORY 73
the Letters Patent were declared " ineffectual to create any
Jurisdiction ecclesiastical or civil, within the Colony." 1
The powers of Letters Patent had thus been severely
questioned.
IV. THE COLENSO CASES AND LETTERS PATENT
The famous Colenso cases 2 , brought the problem referred
to into still clearer light. There were two further Privy
Council judgments arising from the appeals of the notorious
Bishop of Natal, Dr. Colenso. The first of these, dated
March 20th, 1865, dealt with the proceedings which the
Bishop of Cape Town had taken against Bishop Colenso ;
the second, dated November gth, 1886, dealt with the
question of the continuance of the Bishop's salary after his
deprivation. In both cases, it is worth noting, Colenso won.
But the importance of these two decisions is, that they
bring out still more vividly than the Long case had done,
the limits of the powers conferred by Letters Patent. In
the 1866 Judgment, substantially repeating that of the
previous year, it was declared that " although in a Crown
Colony, properly so-called, or in cases where the letters
patent are made in pursuance of an Act of Parliament, a
bishopric may be constituted, and ecclesiastical jurisdiction
conferred by the sole authority of the Crown, yet that the
letters patent of the Crown will not have any such effect or
operation in a colony, or settlement, which is possessed of
an independent legislature." 3
V. THE END OF LETTERS PATENT
These two judgments finally gave the death-blow to-the
issue of Letters Patent. The issue of them ceased from
that date (1866), or rather before the second of these
judgments had been pronounced. The following letter
relative to the proposed consecration of three new bishops,
is of considerable interest. 4 Writing to the Earl of Car-
narvon, Archbishop Longley said, " It has become urgently
necessary to appoint Bishops for the Episcopal super-
intendence of the Clergy and Laity of the Communion of
the Church of England in various colonies in which her
Majesty's power of erecting Bishoprics has been denied or
1 Ibid.
z Cp. 3 Moo., P.C., N.S., 115 ; n Jurist N.S., 353 ; 12 L.T., 188 ; 13
W.R.,549. AlsoL.R.,3. Eq. I.
8 Ibid.
* Quoted in H. L. Clarke : Constitutional Church Government, p. 185.
74 THE AUSTRALIAN CHURCH
rendered doubtful by the recent decision of the Judicial
Committee in the case of the Bishop of Natal. If the Queen
should not be advised to make these appointments in the
usual way by Letters Patent, under the Great Seal, I trust
her Majesty's permission will be accorded for the consecra-
tion of proper persons to exercise the office of Bishop within
the colonies to which I have referred, though, without the
legal powers which have heretofore been conferred or
purport to have been conferred by Letters Patent.
" In that event, I have to request that her Majesty may
be pleased to issue the necessary mandates authorizing me
to proceed to the consecration of the following Clergymen
whom I consider to be fit and proper persons to exercise
the office of Bishops in the manner proposed.
" The Rev. Andrew Burn Suter, M.A., for the Colony of
New Zealand.
" The Rev. Henry Lascelles Jenner, LL.B., for the Colony
of New Zealand.
" The Rev. Samuel Robinson Waddelow, for the Colony
of New South Wales."
In the case of the two former, the Royal licence to
consecrate them was granted within a week of the sending
of this letter. 1
But, though the issue of Letters Patent appointing
Colonial bishops ceased at this date, it was not till 1873
that it was formally laid down that this was to be so. 2
It was generally recognized from this time onwards that
these lengthy and sonorous documents /were of no legal
value. Thus both the English and the Australian Counsel"
concurred in this decision when asked by the General Synod
of 1916 to express their opinions on the subject. 3 Fortu-
nately such decisions cannot detract from their value and
interest to the historian.
1 Mr. Waddelow did not receive consecration, on the ground of his
ill-health.
8 Phillimore: Ecclesiastical Law, 2nd Edition (1895), p. 1786.
8 For their opinion, cp. Proceedings of General Synod, 1916, Official
Report, pp. 73-77.
CHAPTER V
THE 1850 CONFERENCE AND THE EVENTS
WHICH FOLLOWED
I. THE POSITION REACHED
A OUT -the middle of the last century the time had
arrived for the Church of Australia to consider the
question of a definite Constitution. The population
of the Colony was increasing by leaps and bounds, even
before the 1851 " Gold-Rush," and it was to increase still
more rapidly just after the middle of the century. Some-
thing more definite was needed than the legislation laid
down in the Letters Patent ; for in the first place they
gave information only on isolated points and took no
cognizance of the actual conditions of the Church and its
practical needs ; and in the second place it was widely felt
that the autocratic powers conferred upon the Bishop in
the Letters Patent were hardly suitable in a new Colony
like Australia, which, since it had ceased to be essentially
a convict station, was bound to develop on democratic lines.
The Church needed more definite, and yet more democratic,
legislation.
To effect the necessary changes was no easy matter.
Clearly the only means of securing more democratic legisla-
tion was by means of some sort of church assemblies, which
should give the clergy, and if possible the laity, a voice in
the affairs of the Church. Here were three possible courses
open : (a) To appeal to the Home Government for the
right to form such assemblies and to give them the necessary
legislative power. (&) To appeal to the Colonial Government
to do likewise, (c) To form their assemblies without con-
sulting the governments at all. As we shall see, there was
really a great deal to be said in favour of the first course as
compared with the other two, but it was soon seen to be
impossible. Only the two latter were found practicable ;
the former of these was followed in : e.g. Victoria and
Tasmania, and the constitution of the Assemblies in these
75
76 THE AUSTRALIAN CHURCH
Churches are said to be based on " Legislative Enactment,"
the latter of these was followed in : e.g. New Zealand and
South Australia, and here the Constitutions are said to be
based on " Consensual Compact." For the first time we
meet here those terms which were to play an important
role in constitutional discussions for over seventy years.
II. EARLIER SYNODS
There is evidence for Diocesan Synods, at any rate in
New Zealand, before the middle of the century. As early
as 1844, the Bishop, two years after his arrival, held a
Synod at the Waimate. This was the first experiment of
the kind which the Anglican Communion had experienced
since Convocation was silenced in England in 1717. 1 The
discussion was limited to questions of Church discipline
and Church extension. Examples of their decrees are the
refusal of the Church to receive polygamists (it must be
remembered that the New Zealand Church was originally
composed mainly of Maoris) ; regulations were laid down
respecting sponsors at baptism ; and the heathen were
refused admission to marriage. Though these subjects were
harmless from a Synodical point of view, the news of the
Synod very soon reached England, and " some good people
saw in it priestly assumption, and others discovered in it
an infringement of the Royal Supremacy." 2 However,
nothing happened ; and in 1847 a second Synod on the
same lines was held.
III. THE CONFERENCE ITSELF
The first step that was taken was the Metropolitan's
convening of a Conference at Sydney in 1850 to discuss
preliminaries. The importance of this Conference cannot
be overestimated. All the six Australian Bishops 3 took
part ; and there is little doubt that they hoped that the
Home Legislature would grant them the Constitutions they
needed. It is true that a widespread feeling prevailed that
the Church at home showed considerable lack of interest in
the affairs of the Colonial Church, though this is scarcely
justifiable. One of the results of the Oxford Movement was
an increased interest in the condition of the Church over-
1 Cp. H. W. Tucker, op. cit., I, 158. On the silencing of Convocation
in 1717 cp. N. Sykes, Edmund Gibson (Oxford, 1926).
2 H. W. Tucker, ibid., 1, 159.
3 Broughton of Sydney, Selwyn of New Zealand, Nixon of Tasmania,
Short of Adelaide, Perry of Melbourne, Tyrrell of Newcastle.
THE 1850 CONFERENCE 77
seas, an interest which manifested itself in the development
and growth of the Episcopate. In an address read to the
Conference, Archdeacon Cowper 1 is reported to have said,
" We have much satisfaction in perceiving that in England
a lively interest, which has of late years been directed to
the proceedings of the Colonial Church, is still increasing.
We regret, however, to observe that a want of correct
information often frustrates the exertions of Churchmen at
home, and we hope that your lordships' deliberations may
result in indicating a course by which they may, in future,
be enabled to judge more correctly of our difficulties and
the means of remedying them." 2 The Metropolitan's reply
was intended to allay all pessimism about the Church's
future on this score. " When we reflect, that only yesterday,
as it seems, I was standing here a solitary bishop, having
charge in my own person of that vast portion of the earth's
surface which is now included in so many separate dioceses,
it must strike us all as a manifest token of God's continued
favour to our Church that an arrangement so desirable and
important, yet at the same time involving so many diffi-
culties, should have been^ so quickly, and as far as it has
yet gone, so successfully carried into effect. It is in the
hope of being enabled more fully to discharge their part of
the common obligation, that my right reverend brethren
have, at my summons, attended here. . . . We entreat you
to bear in mind the impediments which must attend the
transplantation of an ancient system to a new soil, and to
admit that in an atmosphere of so changed a character some
time must be allowed ; and care and judgment, prudence
and patience, must be exercised before that system can
become firmly rooted, and develop itself in its full growth
and native vigour." 3
The bishops themselves were fully conscious of the
importance of the task which they had in hand, and not
only the bishops. Before Selwyn departed from his diocese,
he had received a sympathetic address, signed by the
Governor, the Chief- Justice, the Attorney-General, and
many of the laity, " praying that the Church might be
constituted in some way that would secure to her the power
to manage her own affairs, and that in any such constitution
1 Cowper was one of the original Government Chaplains in Sydney.
He must be. carefully distinguished from his son, W. M. Cowper, appointed
Archdeacon and Dean of Sydney himself at a later date.
a G. Goodman : The Church in Victoria during the Episcopate of Bishop
Perry, Melbourne, 1892, p. 134. 8 Ibid., p. 135.
78 THE AUSTRALIAN CHURCH
the laity might have their full weight." 1 Selwyn's own
interest in the Synod appears to have teen especially centred
in the establishment of a Board of Missions which was to
organize the mission work of the whole of Australasia. But
it was the question of legislature which was the fundamental
one at the Conference.
The importance of this Conference which sat from October
ist to November ist, 1850 (with Bishop Tyrrell acting as
Secretary), necessitates a somewhat detailed account of the
resolutions set forth by it. There were ten: 2 (a) The
Objects of the Conference. (6) Canons of A.D. 1603-1604.
(c) Future Synods and Conventions, Provincial and Dio-
cesan, (d) Church Membership, (e) Discipline (i) Bishops
and Clergy, (ii) Laity. (/) Status of Clergy, (g) Liturgy :
Decisions and opinions concerning (i) Divisions of services ;
(ii) The administration of Holy Communion ; (iii) The
occasional Offices ; (iv) Services for Saints' Days falling on
Sundays ; (v) Persons prayed for ; (vi) Persons returning
thanks ; (vii) The Offertory ; (viii) Sponsors ; (ix) Marriage
(a) Within prohibited degrees, (b) Of persons not members
of the Church, (c) Irregularly solemnized, (d) Caution to be
used ; (x) Churching of Women ; (xi) Claims to the Offices
of the Church, (h) Holy Baptism, (i) Educational (a)
Schools, (b) University, (j } Board of Missions.
All these, with the exceptions of the decisions on Baptism
(Resolution (h)}, were signed by all the Bishops at the
Conference. We may note especially the following :
1. In the first Resolution it is clearly brought out that-
the Conference has no power of legislation " In conse-
quence of doubts existing as to how far we are inhibited
from exercising the powers of an Ecclesiastical Synod, (we)
resolve not to exercise such powers on the present occasion."
The doubts that questioned the legality of the assembling
of such Conferences were, of course, occasioned by the Act
of Henry VIII, which forbade the sitting of Convocation
without the King's assent. 3
2. The references to the Canons of 1603-1604 wisely pro-
posed that they should be adopted as far as possible in the
Australian Church. Of course, cases would arise where
1 H. W. Tucker, op. cit., I, 358.
3 The Minutes of the Proceedings of the Meeting were published as a
separate pamphlet at Sydney in 1850. (Printed by Kemp and Fairfax.)
They are reprinted as Document K.
3 25 Henry VIII, c. 19 (1533). Cp. H. L. Clarke : Constitutional
Church Government, pp. 8 f.
THE 1850 CONFERENCE 79
such adoption was impossible, both through their being
out of date in England, and also the peculiar conditions in
which the new Colony found itself. The principle adopted
here, it is interesting to observe, is substantially that
adopted in the Act 9 George IV, 24, which provided that
the civil laws were to be applied to Australia as far as
applicable under Colonial conditions. " We concur also in
thinking that a revisal and fresh adaptation of the Canons
to suit the present condition of the Church is much to be
desired, so soon as it can be lawfully undertaken by persons
possessing due authority in that behalf."
3. This, the most important decision for our purpose,
deals with the necessity for " duly constituted Provincial
and Diocesan Synods." " Without defining the exact mean-
ing of the word ' Synod ' as used in the Church of England,
whenever the words ' Provincial Synod ' or ' Diocesan
Synod ' shall be used in the following resolutions, we under-
stand a body composed of one or more Bishops, with
representatives chosen from among the clergy, meeting at
such times and in such manner as may not be inconsistent
with any Law of Church or State." Under this heading
there are three main proposals, and the functions of these
Provincial and Diocesan Synods are understood to be two-
fold :
i. "To consult and agree upon Rules of Practice and
Ecclesiastical Order within the limits of the Province or
Diocese."
ii. "To conduct the processes necessary for carrying
such rules into effect. But not to alter the Thirty-nine
Articles, the Book of Common Prayer, or the Authorized
version of the Holy Scriptures." The last quoted sentence
was written before the days of " modern theology " ; of
alternative Prayer Books ; and the Revised Version
of the Scriptures. Perhaps the Conference would have
been less explicit on these matters if it had taken place
later.
iii. It is suggested that it appertains to Provincial
Synods, with the concurrence of the Diocesan Synods, to
decide and recommend plans for the subdivision of
Dioceses ; that no diocese should be subdivided without
previous consultation with the Bishop, so that the scheme
may be laid before the Diocesan and Provincial Synods ;
and that in the event of vacancies in the episcopate, any
Colonial Priest recommended by the Provincial Synod to
80 THE AUSTRALIAN CHURCH
fill the office* should be favourably considered by the
authorities in England, and, if possible, the consecration
should be performed by the Metropolitan and Bishops of
the Province.
iv. It is further recommended that the laity should be
represented in Diocesan and Provincial Conventions meet-
ing simultaneously with the Diocesan and Provincial
Synod; and, that the concurrence of both clergy and laity
should be necessary for any decision concerned with the
temporalities of the Church. Also, " Any change affecting
the whole body of the Church should be first proposed and
approved in the Provincial Synod, but should not be valid
without the consent of the Provincial Convention."
4. All those who have received valid Baptism in the
Church of England are to be numbered among its members,
but to be a " Member of the Church of England in full
communion " it is necessary also to be " a partaker of the
Holy Communion, as required by the rules of the Church."
But though it is to be left open "to the Synods and Con-
ventions, which may hereafter be appointed, to fix the
qualifications of electors," it is recommended that " all
persons elected to serve as members of Diocesan and
Provincial Conventions should be members of the Church
in full communion."
5. The next Section is devoted to " Discipline." All
power of the bishops to suspend or revoke at their own
discretion the licences of clergy are disclaimed. For the
purpose of trying a bishop, the Bishops of the Province
should be constituted a Court ; for the purpose of trying a
presbyter or deacon, the Diocesan Synod should be such
a Court ; in the former case, the Metropolitan ; in the latter,
the Bishop of the Diocese should be e% officio, President.
Suggestions as to the exercise of discipline over delinquents
among the laity are also laid down.
6. The Status of the Clergy is the subject of the next
Section. Though upon candidates for Holy Orders is urged
the great desirability of their placing themselves at the
disposal of the bishops for a period of years, it is recom-
mended that no clergyman who shall have been " duly
appointed and licensed to any Church or permanent cure
of souls shall be removable therefrom, except by sentence
pronounced after judicial enquiry, before the Diocesan
Synod,"
THE 1850 CONFERENCE 81
7. The remaining four sections are headed "Liturgy,"
" Holy Baptism," " Education," and " Australian Board of
Missions," respectively.
Such, in outline, were the contents of what John Keble
described as " one of the most important documents of our
times." 1 All were convinced of its importance ; and the
spirit in which it was received is clearly manifested in the
following extract from an address of Bishop Tyrrell's within
a fortnight of the Conference "We would desire, above
all things to render our humble thanks to our Merciful
Father, that while sin and infidelity are arousing them-
selves through the world, He has graciously stirre,d up to
new life our Branch of the Church. We consider it no small
sign of His goodness towards us that six Bishops of the
Church of England have been allowed to meet and take
counsel in the Diocese of Sydney ; and three to assemble
in this Diocese (Newcastle) where within the memory of
man, the Word of God and the name of Jesus Christ were
unknown." 2
There is an importance attaching to the decisions on
Baptism, which for our purpose greatly exceeds their
intrinsic value. Needless to say, they reflect the strong
feelings aroused in Australasia, no less than elsewhere,
through the recently pronounced Gorham Judgment. The
importance of this Judgment, in its influence on the minds
of those who were to guide the future destinies of the
Australian Church cannot be too greatly emphasised. Even
at the time of the Conference, there was great difference of
opinion, because the section dealing with Holy Baptism
was the only one not signed by all the six Bishops. Bishop
Perry of Victoria preferred to draw up a different statement
of his view ; and though he stated his " firm belief that
infants do receive in Baptism the grace of Regeneration,"
his own interpretation of the doctrine leaves little room for
doubting that all his sympathies were on the side of the
Crown in the Gorham Judgment. The fact that it was just
at this critical moment in the history of the Australian
Church that the Baptismal Controversy was uppermost in
men's minds, meant that those who were in sympathy with
the Crown would tend to look to State Control as the ideal
method of Church Government ; those in sympathy with
1 Quoted, without references, by H. L. Clarke : Constitutional Church
Government, p. 83, and H. W. Tucker, op. cit., I, 349. I have been unable
to find the passage in Keble.
2 R. G. Boodle : Li/6 and Labours of William Tyrrell, D.D., p. 92.
82 THE AUSTRALIAN CHURCH
the Bishop of Exeter, on the other hand, would prefer a
Constitution which enabled the bishops to legislate, un-
fettered by State Control. It was no mere chance that
Perry sought the method of Legislative Enactment as
ardently as Selwyn and Short opposed it
CHAPTER VI
VICTORIA: AN EXAMPLE OF "LEGISLATIVE
ENACTMENT."
I. THE FIRST CONFERENCE
FROM the beginning of his episcopal career indeed,
from much earlier, to judge from his alleged Whig
tendencies Perry was opposed to any sort of
despotic government on the part of the bishops. And yet
he recognized that his Letters Patent vested all powers of
Church government in his diocese solely in himself. Even
before the famous 1850 Conference met, he sent Broughton
a letter (dated July 4th, 1850) in which he wrote 1 " It
has been said, and with some plausibility, that a despotic
government is the best possible, provided that the despot
is a good and wise man. But, even under the most favour-
able circumstances, I exceedingly dislike despotism, believing
that whether it exist in the Church or the State, the dis-
advantages always preponderate over the advantages. A
limited monarchy is that which I consider the most desirable
for both. One of my chief reasons for this is, that despotic
authority crushes all independence of thought and action
in those who are subjected to it, however wisely and mildly
it may be exercised ; and also, that there is great danger of
its affecting injuriously the character of him who exercises
it. Moreover, with regard to the Church in these colonies,
I am convinced, in my own mind, that it will never gain a
hold of the affections of the people, unless there be some-
thing of the popular element introduced into its constitution.
Even now, there are not a few who talk of what they
absurdly call a free Episcopal Church ! " Further on in
the same letter we read" By giving the laity a distinct
voice in the former, and establishing the latter upon a
certain fixed basis, we shall, I consider, at once remove
their, fears and stir up in them much more zeal for the
extension of the Church. Nor do I see the least objection
1 Goodman, op, cit,, p. 223.
83
84 THE AUSTRALIAN CHURCH
to this upon principle, but rather the contrary ; for it
appears to me undeniable that the early constitution of the
Church was a limited, and not an absolute Episcopacy, and
that the latter was the growth of a late and corrupt period.
So likewise the constitution of the Anglican Church is
obviously of the same character. In it, the power of the
Bishop is, perhaps, too much restricted. By the present
Bill for the diocese, we propose to give the Bishop an
absolute irresponsible power of rejecting any clergyman
who may be nominated to him as minister of a particular
church. . . . With regard to the right of the Government
to interfere with our Church, I perfectly agree with your
lordship that they have no right, except at bur request, or
with our free consent, but we are so circumstanced that
we can do nothing without the assistance of the Legislature.
As a branch of the Church of England, we cannot make
laws for ourselves, and without duly recognized ecclesiastical
courts, we cannot maintain any discipline, except by an
irresponsible exercise of authority." 1 He agrees that " the
Government do not possess, and that they shall not have,
the power of appointing clergymen to any situation in the
colony, and I should be quite prepared to unite with you
in resisting the exercise of any such right to the uttermost.
But," he continues, " I know positively that Earl Grey
claims it ; and although our present Governor and Super-
intendent are never likely to give us any trouble respecting
it, some future persons holding those offices may, especially
if they take any offence against us, occasion us very serious
annoyance." 2
The words : "We can do nothing without the assistance
of the Legislature," sum up his whole policy. From first to
last, Perry was convinced that the only effective form of
Church government was one based upon "Legislative
Enactment," and he fully believed that there were no
obstacles in the way of obtaining such legislation.
II. THE SYDNEY BILL
Even before the 1850 Conference of the six bishops, the
Bishop of Melbourne made an attempt to pass two Bills
dealing with patronage and discipline. It must be re-
membered that it was not till August 4th, 1850, that the
Imperial Act was passed, establishing Victoria into a
separate Colony ; and, consequently, all attempts at legisla-
1 Goodman, op. cit., pp. 223 f. * Ibid., p. 22
VICTORIA 85
tion had to be introduced into the Legislative Council at
Sydney, six hundred miles away. When, therefore, there
was a certain amount of dissatisfaction shown with the
proposals even in the Melbourne diocese itself, dissatis-
faction which led to the sending of a petition to the Sydney
legislature against the Bills, it is not surprising the usual
apathy which was shown there towards Melbourne affairs
was manifested, and the Bills were never passed. But this
is to anticipate.
Having drafted the Bills, the Bishop commissioned Mr.
Henry Moor, his Registrar, to introduce them. " Mr. Moor,"
we are told, " was an excellent man for such a commission,
being a shrewd, clear-headed lawyer of extensive practice,
and not without experience in political affairs, as he had,
for some time, represented Port Phillip in that body (i.e.
the Legislative Council at Sydney)/' 1 Two strong Church-
men, Messrs. Pohlman and Sladen, were to be associated
with Mr. Moor in his work. Some of the proposals which
Perry wished to be carried through are to be seen in a letter
which he sent to the Registrar : " With regard to the Act
for Regulating the Temporal Affairs of Churches, I would
suggest a yet wider application of the fund arising from
pew-rents. I do not see any reason why a portion, at the
discretion of the churchwardens and with the approbation
of the bishop, should not be appropriated towards the
maintenance of the minister. I would also suggest, that
the trustees of any church, appointed according to the
directions of the Act, should be authorized to nominate to
the bishop for his approval, whenever a vacancy should
occur, a minister to such church. I am well aware that
this clause would introduce a most important change into
our ecclesiastical system, but the more I have considered
the subject, the more I am convinced that some such change
is required in order to secure the attachment of the people
to our Church, and make them feel that they have a real
interest and a certain responsibility in its well-being and
efficiency. I am sure that the retention of patronage in the
hands of any individual, whether that individual be the
Bishop or the representative of the Crown, must be injurious,
if not absolutely ruinous, to the permanent progress of the
Church. The Bishop should, however, have power to reject
any person nominated for a spiritual charge, if he do not
consider him suitable." 2
1 ibid., p. 225. 2 ibid., pp. 225-6.
86 THE AUSTRALIAN CHURCH
These views on patronage met with considerable opposition
from some quarters, notably the Geelong Church trustees,
The Bishop was requested in a letter (dated July i8th, 1850)
from Mr. Sladen, who was now himself opposed to the Bills>
not to press them. Feeling rapidly became strong ; and to
such a pitch did it rise that the Mayor of Melbourne called
a public meeting to consider the objections. A petition to
the Legislature was the result. It was objected that the
Bills would offer partial treatment to the Anglican Church,
since they were " subversive of the principle of denomi-
national equality " ; and further that " by arming an
ecclesiastical court with secular powers, (they) were fraught
with the utmost danger to their civil and religious liberties
and could not be viewed by an enlightened British com-
munity but with feelings of jealousy and serious appre-
hension." 1 There was no longer any doubt as to the fate
to which the Bills were doomed, and Mr. Henry Moor wisely
withdrew them, in the hope that they might be brought up
again when feeling had subsided.
III. THE FIRST CONFERENCE, 1851
After his return from the 1850 Conference at Sydney,
Perry convened a Conference in his own diocese to decide
the lines on which the Church in the Colony was to proceed
with a view to drawing up its own constitution. It was
proposed to consider " various subjects, especially the
constitution of the Church of England in Port Phillip, with
regard to the expediency and mode of organizing Diocesan
Synods and Conventions, acting either separately or col-
lectively, and the functions with which they should be
invested." This Conference, which sat at Melbourne from
June 24th- July gth, 1851, passed the following resolutions :
i. That this Conference in the Diocese should, from time
to time, assemble by representatives.
ii. That it is desirable that the clergy should meet with
the laity in one house, to be presided over by the Lord
Bishop.
iii. That the assembly should consist of all the licensed
clergymen of the Diocese being in Priest's orders, with one
or .more representatives from each parish.
The experiences of the two rejected Sydney Bills led the
members of the Conference to think that the best course
would be to secure from the Home Government the necessary
1 Goodman, op, cit,, p. 229.
VICTORIA 87
Legislative Authority. But even at that date, they were
not unaware of the objections to the formation of assemblies
of clergy, and a Committee was appointed to " enquire into
and report upon the present state of the law which regulates
the temporal affairs of the Church of England." 1
IV. THE LEGISLATIVE BILL (18 VICT. No. 45)
A second Conference was held exactly three years after
the last-named, i.e. on June 24th, 1854, when the report of
the Committee appointed by that previous Conference was
discussed. In the meantime, two events of fundamental
importance had taken place : (a) Victoria was formally
proclaimed an independent Colony in July 1851. It was no
longer necessary, therefore, to appeal to the Legislative
Council of New South Wales, but to one which could be
relied upon to give the proposals a more sympathetic
consideration, (b) Archbishop Sumner's Bill had been
rejected in the House of Lords. 2
It was therefore quite natural that Perry should look now
to the Colonial Legislature to give to his scheme the necessary
sanction ; and this, too, was the advice which his friends
in England gave him. 3 " They recommend," he wrote,
" that we should draw out our scheme, just as if a Bill of a
similar nature with that proposed by Mr. Gladstone had
passed, or as if no such Bill was required ; then proceed to
carry it out, as far as practicable, and afterwards apply
either to the Colonial or Home Legislature to remove any
obstacles which may present themselves to the working of
the plan, or to confer such powers as may be found requisite
for giving it full effect." A draft Bill was drawn up by
Mr. W. F. Stawell on the basis of the rejected Bill of Sumner,
and, after receiving the general assent of the Conference,
was brought by him before the Melbourne Legislature in
November 1854. Though the opposition was not strong,
two objections were urged ; some of the Nonconformist
members felt that the principle of " denominational
equality " was being sacrificed ; others alleged that the
Legislature was precluded from passing any Bill at variance
with the Home Legislature. They maintained that they
did not understand why they should consent to the Bill
when the British House of Commons had refused a similar
1 Cited Goodman, op. cit., p. 240.
' This Bill will be found in H. L. Clarke: Constitutional Church
Government, pp. 24-27. 8 Goodman, op. cit., p. 241.
88 THE AUSTRALIAN CHURCH
request. 1 But despite these attacks, the Bill passed, and
received the Seal of the Colonial Legislature on November
30th.
Only in its details did the Victoria Church Constitution
Act (for so the Act is called) differ from that of Archbishop
Sumner. Its purpose was, as the title expressed it, " to
enable the bishops, clergy and laity of the United Church
of England and Ireland to provide for the regulation of the
affairs of the said Church." We will confine ourselves here
to pointing out these differences; the Victoria Act is
printed as an Appendix. 2
(a) Sections 2, 18. These give the assembly the power of
making regulations respecting the affairs of the Church
" including all advowson and right of patronage," yet only,
" so far as ,the advowson or right of patronage in Victoria
(if any) now vested in Her Majesty (is not) hereby expressly
impaired, diminished, or affected." These references to
Patronage and Advowson are not to be found in the Sumner
Bill.
(b) Section 2. The provisions of the assembly affect, in
the Victoria Act, persons " in communion with " 'members
of the Church of England and Ireland as well as members
of the Church itself. It is probable that members of the
American Episcopal Church were in view. No such reference
is found in Sumner's Bill.
(c) Section 3. The Victoria Bill provided for the creation
of a Commission to try 'ecclesiastical cases. Sumner's Bill
presupposes that they will be tried by the Assembly itself.
This Commission is to have powers of jurisdiction only over
" Clergymen of the United Church of England and Ireland,"
and is to report on any sentences pronounced to the Bishop.
This last statement presupposes that the Bishop is not
himself a member of the Commission.
(d) Section 5. Archbishop Sumner's Bill speaks of the
Book of Common Prayer and the XXXIX Articles of
Religion as the doctrinal basis; the Victoria Church Act
simply of " the authorized standards of faith and doctrine."
(e) Section 8. While both demand a declaration of
Church membership on the part of electors to the Assembly,
the Victorian Act is peculiar in adding " provided that no
person shall be entitled to vote at any such meeting who is
known to have impugned the doctrines or discipline of the
said Church."
1 Cp. Goodman, p. 236. s Document L.
VICTORIA 89
( / ) Section 9. It is explicitly stated in the Victoria Act
that " male persons " shall be elected as representatives to
the Assembly. Though not stated, it is almost certainly
implied in the Sumner Bill.
(g) Section 12. Representatives, as well as electors, are
required to make a declaration of membership in the
Victoria Church Act.
(h) Archbishop Sumner's BiE (Section 16) states that any
Act of a Synod which has received the Royal Assent shall
not be invalidated by any future discovery that the Council
which promulgated it was improperly constituted. The
Victoria Act omits this provision.
V. THE ROYAL ASSENT
It was still necessary to secure the Royal Assent before
the Bill found a place in the Colonial Statute Book. Bishop
Perry felt that the English Law had to be treated in the
spirit, rather than the letter, and this was possible only if
he himself went to England and personally pleaded the
peculiar circumstances of his Diocese. This he did, arriving
in England on March i6th of the following year (1855).
Lord John Russell, who was Secretary of State for the
Colonies, was approached, but was adverse to the measure,
partly (as it transpired later) because he had a scheme of
Church government of his own for Australia, and partly
because the Roman Catholics of Victoria had petitioned
against the Queen's assent being given. 1 Russell, however,
resigned before coming to a decision ; 2 and was succeeded
by Sir William Molesworth, who proved to be definitely in
favour of the Bill. But, to Perry's great dismay, the Crown
lawyers were found to be altogether adverse to it. Moles-
worth died shortly afterwards, and Perry visited a third
Secretary of State, to make another attempt. Molesworth's
successor, the Right Hon. H. Labouchere, was even more
favourably disposed towards the Bill. The Bishop, in
conjunction with Mr. Thomas Turner, a barrister, 3 drew up
a careful statement of the reasons why the Royal Assent
was so necessary ; and ultimately, it was granted on
December I2th, 1855. Perry, 'however, had been obliged in
the meantime to leave ; and it was not till after he arrived
1 Qoodman, op. cit., p. 245.
* The reason, it will be remembered, was the strong feeling occasioned
against him by his conduct at the Vienna Conference.
8 Formerly a Fellow of Trinity, Cambridge, and a contemporary of
the Bishop.
go THE AUSTRALIAN CHURCH
in Australia that all his apprehensions about the fate of the
Bill were removed. In a despatch to the Governor of
Victoria, Mr. Labouchere wrote 1 "Some objections
directed, however, rather to its policy than to its legality
have been raised to certain portions of the measure. But
though not insensible to the force of those objections, Her
Majesty's Government have deemed it their duty not to
interfere with the operation of a measure intended to serve
a purpose of which the importance and the exigency appear
to be so fully recognized. Her Majesty has, consequently,
been advised to give her assent to the Bill ; and the necessary
Order in Council will accordingly be transmitted without
delay."
It is interesting to observe that only three months earlier
Labouchere wrote to the Canadian Governor, Sir E. Head,
with reference to a similar demand from that Colony :
" Upon reference to the law officers of the Crown, serious
doubts have been expressed whether this Act does not go
so far beyond the provisions of the Act passed by the
Legislature of the Colony of Victoria as to render it unlawful
for Her Majesty to give her assent to it without the assistance
of the Imperial Parliament . " a
VI. LATER HISTORY OF THE ACT
It will be convenient here to note the later amendments
to the 1853 Act, though they can hardly be said to possess
either great importance or great interest. In 1872 (36 Viet.
No. 454) it was stipulated that the Diocesan Assembly had
power " to make provision for the appointment, deposition,
deprivation, or removal of any person bearing office (in the
Church)." (Section 2.) There is almost a touch of humour
attaching to the provision that the Assembly may " sub-
stitute for the expression ' United Church of England and
Ireland' where used in the said Act such other word or
words as to (the) Assembly shall seem desirable." (Section
I.) It was occasioned by the Church's official designation
being altered to " Church of England."
In 1903 a further amendment (No. 1821) gave recognition
to the Assemblies of Ballarat, Bendigo, and Wangaratta. 3
Yet another amendment (No. 1947), in 1904, repealed the
1 Goodman, op. cit., p. 248.
* Quoted in H. L. Clarke : Constitutional Church Government, p. 86 n.
3 It should be noted that Gippsland is omitted though founded at the
same time as Bendigo and Wangaratta ; possibly because the first Gipps-
land Assembly did not meet until after the passing of this Act.
VICTORIA 91
section of the original Act dealing with the formation of
Provincial Assemblies. (Section 2.) The word " Synod "
was substituted for the word " Assembly." (Section 3.) 1
The original Act, together with these amendments, " shall
be construed as one (Act)," and may be cited, shortly, as
the " Church of England Act, 1904."
VII. THE PROVINCIAL CONSTITUTION OF VICTORIA
A highly important Conference with a view to the forma-
tion of a Province of Victoria was held in Melbourne on July
27th-28th, 1904. Its proceedings were afterwards published
in a small pamphlet, 2
There were now the five Dioceses in Victoria, so the
minimum number (then three, but now four) laid down by
the General Synod 3 was almost doubled. 4
The Bishop of Melbourne (H. Lowther Clarke), as the
Bishop of the Senior Diocese, presiding, made a highly
characteristic speech. Having quoted .the derogatory
remarks on the value of Synods from the address of the
translators of the English Bible, he said, " Not in passion,
but in sober judgment, I can only say of this Conference,
meliora spero I " He then referred to the recommendations
of the Lambeth Conferences of 1867 and 1878, and to those
of the General Synod. The latter had determined : 5
i. " The Synod or Assembly of each diocese shall duly
pass resolutions in favour of the action.
ii. " If the Province is coterminous with a State, the
capital city of the State shall be the See of the Metropolitan
Bishop."
The General Synod had recommended, too, proportional
representation. " As far back as 1844," he continued,
" Bishop Barry had described the existence of a Provincial
Synod which is obliged to report humbly to the Diocesan
Synods, as an ecclesiastical monstrosity. 6 Constitutional
unity and an outlook as wide as the State itself is the sole
object which the Diocese of Melbourne has in view." The
Bishop then gave a list of the subjects which he thought
might be profitably treated by Provincial Synods. These
1 These two changes were the result of a request from the Conference at
Melbourne on July 27th-28th, 1904, referred to in the next section.
* Proceedings of Conference held zyth and zSth July, 1904. Melbourne,
1904.
8 Cp. General Synod Report, 1881, pp. 79-81 ; and 1921, p. 189.
* The five Dioceses were Melbourne, Ballarat, Bendigo, Gippsland,
and Wangaratta.
6 Cp. infra, p. 277. , * Proceedings of Conference, p. 5.
92 THE AUSTRALIAN CHURCH
included: (i) questions of educational policy; (ii) co-operation
with other religious bodies ; (iii) days of National thanks-
giving and prayer, and appropriate prayers for such
occasions (iv) missionary organization ; (v) inter-diocesan
questions about Clergy Provident, Superannuation, and
Widows' and Orphans' Funds. " We may become to the
Church in Victoria what the Convocations of Canterbury
and York are to those Provinces, with the additional
advantage of a more extended electorate, and the presence
of the laity, who, from the first, have played so honoured
a part in the Church life of this State." 1
The chief opposition to the scheme came from the Bishop
of Ballarat, Dr. Green, who spoke next. He attacked the
scheme for three reasons
(a) He pointed out that the Act 18 Viet., No. 45, Section
17, laid down the principle of voting by dioceses, and made
no provision for proportional representation. " I do not
think," he said, " that there will be many in this Conference
who would give to three smaller dioceses out of five the power
to paralyse all legislation within the walls of the Provincial
Synod itself." 2
(&) He objected, too, to the recommendation of the
General Synod (Clause 7) that a Province once constituted
should be unable to change its extent. Conditions- might
arise .when a redistribution of dioceses among the Provinces
would be highly desirable.
(c) Still greater objection did he feel to the necessity of
a diocese being pledged by the Primate to becoming a
member of the Provincial Synod before the Constitution of
that Synod had been decided. " Even in Church matters,"
he said, " wise men will scarcely agree to sign blank
cheques." 3
A proposed Constitution was then drawn up ; but it was
not till the following year that all the obstacles to the
creation of the Province had been removed ; and Victoria
was constituted a Province on November i4th, 1905,
practically on the basis of the originally proposed Consti-
tution. 4 The Provincial Synod is to consist of two Houses,
the House of Bishops and the House of Representatives.
These Houses shall sit together, but vote separately.
(Clause 3.) The members of the House of Representatives
are to be elected on the basis of proportionate representation.
1 Proceedings of Conference ,p. 7. * Ibid., p. 9. * Ibid., -p. 10.
* The Constitution is given as Document M.
VICTORIA 93
(Clause 4.) These Synods shall take place at intervals of
not more than three years, " but the Metropolitan may at
his own discretion, and shall at the request, in writing,
of a majority of the other Bishops of the said dioceses,
summon at any time a session of the Provincial Synod."
(Clause 5.)
No ordinance of the Provincial Synod may contravene
any Determination of the General Synod. (Clause 8.) The
Determinations, moreover, are not binding on the Dioceses
until accepted by them, except in the case where " any
matter be referred to the Provincial Synod b^ any Diocesan
Synod, the decision of the Provincial Synod shall be binding
on the diocese so referring the same." (Clause 8.) Altera-
tions, except such as are in conformity with those made by
competent authority in England, cannot be made in the
Articles, Liturgy, or Formularies of the Church. (Clause 9.)
Such, in outline, are the main points of the Constitution
of the Province of Victoria. For the Constitution in full,
reference must be made to Document itself.
VIII. THE WORK OF A TYPICAL DIOCESAN SYNOD
The Synod is the supreme ruling power in each diocese of
the Province, and the Bishop, Clergy, and Lay officials are
all bound, on being admitted to office, to make a declaration
to obey the Acts of Synod.
The Synod consists of (i) the Bishop ; (ii) the Clergy; (iii)
the Laymen, as three separate Houses whose joint approval
is required for every Bill, Regulation, or Resolution. Its
powers over faith and doctrine are limited. " No Regula^
tion, Act, or Resolution made or passed at any Synod shall
be valid which shall alter or be at variance with the
authorised standards of faith and doctrine of the Church of
England, or shall alter the oaths, declarations, and sub-
scriptions now by law or canon required to be taken, made,
and subscribed by persons to be consecrated, ordained,
instituted, or licensed within the said Church." 1
Subject to these limitations, it has almost unlimited
power. Questions of faith, doctrine, and worship are not
decided in Synod, but, in general, by the Bishop. The
Synods have always remembered that the office of a vicar
must be one of independence, and his position in consequence
is equally secure as that of the English vicar or rector;
1 Acts of Legislative Assembly of Victoria, 18 Viet., No. 45, Section 5
(Document L, pp. 247-251).
94 THE AUSTRALIAN CHURCH
indeed, if the present tendency and trend of legislation by
the Church Assembly in England be persisted in, the position
of the Australian vicar will be more assured and certain
than that of the corresponding office of his brother priest
in England. The Australian vicar is protected by legislation,
and his office safeguarded by all reasonable restrictions,
while the freest power is accorded to him in all spiritual and
pastoral work. Subject to the Acts of Synod, he is essenti-
ally a constitutional ruler and not an arbitrary one. When
an Act is once passed, because the vicar and the repre-
sentatives of every parish have had a voice in passing it,
there is the same willing obedience to it as to an Act of
Parliament. Difficulties and disputes occur from time to
time in Church life, but in the long experience of seventy
years, Synods, through their legislative powers exercised
without any interference from the State, face the emergencies
and find a practical solution for the problems as they arise.
Moreover, the laity in their recognized position in Synod
(as well as in diocesan and parochial life generally) have
contributed to form a united voice of clergy and laity in all
temporal affairs, and to express the corporate mind of the
Church throughout the diocese. There is to be seen,
however, a substantial difference between the legislation of
the Diocesan Synods and that of the more recently consti-
tuted Church Assembly in England. The Australian Church
is practically dependent upon voluntary contributions in
contrast with the endowment system of the Church at home,
and hence the Acts of Synod in Australia portray a definite
desire to assist the clergy ; the tendency, on the other hand,
of the measures passed thus far by the Church Assembly is
to impose a financial burden e.g. dilapidations, pensions
upon the clergy. The laity in England, accustomed to live
on the dead hand of the past, no longer recognize the full
meaning, like their brother laymen of the Antipodes, of the
duty of shouldering the temporal responsibilities attached
to their office.
The proceedings of the Synods in the debates on Bills
follow strictly Parliamentary procedure, with first, second,
and third readings, and the committee stages ; in this way,
accurate legislation is secured. In the Province of Victoria
the official Bills are prepared by a Law Committee, though
private bills can be introduced by any member of the Synod.
The Bishop usually assents to the Bill, and constitutes it
an Act ; but if his assent is not given, the Bill lapses, and
VICTORIA 95
does not become an Act. 1 Every clergyman in the Diocese
holding the Bishop's licence is summoned to the Synod,
and the representatives of the parish are chosen in ac-
cordance with regulations which give more than one
representative in the case of parishes with a larger Electoral
roll.
To give some idea of the work of a Diocesan Synod it is
proposed to enumerate here some of the legislative Acts
passed by the Diocese of Ballarat. There are good reasons
for choosing a Diocese other than that of Melbourne, in
which, being the See of the capital city, the conditions are
hardly representative. 2
Amongst the Acts 8 passed at various times by the Synod
(or as it was termed in earlier days, Assembly) of that
Diocese, the following are selected at random :
(a) Bishopric Endowment Act.
(6) Cathedral Church Act.
(c) Clergy Appointment Act.
(d) Clergy Widow and Orphans' Fund Act.
() Parochial Church Schools' Act.
(/) Sustentation Fund Act.
A further example, of which it may be worth while giving
a somewhat detailed summary, is "An Act to provide a
Constitution for St. Aidan's Theological College," passed on
June nth, 1913. After citing the title and stating the
object of the College, namely, " to provide for the training
of Candidates for the Ministry of the Church of England in
the Diocese of Ballarat and Candidates for the Ministry of
the Church of England in other Dioceses " (Sections i and 2),
the Act proceeds to legislate for " the management of all
temporal affairs appertaining to the College." (Section 3.)
This management was vested in a Council, consisting of
the Bishop as President ex officio, three Clerks, and three
Lay Communicants, to be elected at the first session of
each successive Synod of the Diocese. (Section 3.) Section 7
appoints the Bishop, Warden of the College, and conveys
to him the power of appointment of the Sub-Warden.
1 In Western Australia, on the other hand, if the Bishop withhold his
assent, appeal can under certain circumstances be made to the Provincial
Synod. Cp. p. 127.
a Ballarat, besides being the largest of the then four remaining Dioceses
in Victoria, happens to be that of my ordination ; and, hence the Diocese
with which I am most familiar.
8 Acts of the Synod of the Church of England in the Diocese of Ballarat,
1910.
96 THE AUSTRALIAN CHURCH
Section 10 provides that the Warden may terminate the
appointment of the Sub-Warden with the consent of an
absolute majority of the Clerical Canons. Section u pro-
vides for the appointment, in the event of a vacancy, to the
Sub-Wardenship, of a Clerk who shall be nominated to the
Council by the Warden, " and unless the nomination be
disapproved by an absolute majority of the Council, the
Clerk so. nominated may be appointed." Section 13 deter-
mines the powers and duties of the Council (i) To decide
upon the number of lecturers, officers, and servants of the
College. (2) To fix all salaries and allowances. (3) To
provide for the protection and maintenance of the College
property. (4) To fix the amount of fees to be paid by
Students. (5) To see that all accounts are kept. (6) To
make such bye-laws, rules, and regulations for the purpose
of carrying out the objects of this Act respecting the affairs
of the College. Section 14 states the powers and duties of
the Sub-Warden, who shall regulate the duties of all
lecturers and servants in the College, and who shall be held
responsible for the due execution of the same. Section 15
directs that a Statement of Receipts and Expenditure of
the College during the preceding financial year shall be laid
before the Synod at its annual Session.
CHAPTER VII
SOUTH AUSTRALIA: AN EXAMPLE OF "CONSENSUAL
COMPACT"
I. PRELIMINARIES, BISHOP SHORT'S TRACTARIANISM
THE Church in South Australia affords in some ways
the best example of a Church constituted on the
basis of consensual compact ; though it needs to
be borne in mind that even at the present day there are
only two Dioceses in the State and consequently there is
no Province.
Bishop Short had, of course, participated in the 1850
Sydney Conference ; but when he returned to his Diocese
with a view to bringing the resolutions of that Conference
into effect, he was faced with considerable opposition. To
account for its origin, it is necessary to bear in mind the.
circumstances of the Church at that time.
Short had always had definitely Tractarian sympathies.
In an essay on Tract XC, written while he was Vicar of
Ravensthorpe, Short wrote, " I have now gone through the
various parts of the Tract, and on the whole do not see how
its explanations are either foreign to the ' literal and gram-
matical sense ' or to the Convocation of 1662 [sic], from
whose authority we receive them ; or are consistent with
' Roman Catholic errors.' That the views propounded are
Catholic and so in harmony with the Prayer Book is most
true ; that they savour of Melanchthon rather than Luther
is also true ; but that the author has perverted the Articles,
I for one cannot allow, because they were expressly framed
for the purpose of comprehending a large. variety of opinion
excluding only certain palpable errors and affirming
certain extreme truths." 1 It was hardly possible for any-
one who was not himself a definite Tractarian to acquit
the author of the famous tract of having perverted the
Articles. 2
1 Quoted, F. T. Whitington : Augustus Short. First Bishop of Adelaide.
London, 1888, p. 40.
8 It is interesting to note that the general sympathies of the Dioceses
in South Australia have always been, and still are, Anglo-Catholic.
G 97
98 THE AUSTRALIAN CHURCH
Now it has been pointed out earlier that at the time of
the 1850 Conference the whole Church was aroused by the
Gorham Judgment, and that any attempt at Synodical
Government tended to be regarded as an assertion of
Sacramental views. 1 We are not surprised, therefore, to
find that many Evangelical laymen of the Diocese regarded
the creation of a Diocesan Synod as only one more step in
the direction of Short's disliked Tractarian policy. On
January i6th, 1851, 'there was convened in the Bishop's
absence a meeting of the " South Australia Church Society "
to discuss the question. 2 The meeting, however, soon broke
up, as the result of a discussion on Baptismal Regeneration,
which was described by one member as a "priestly miracle," 3
and it was only at a later meeting held on January 28th 4
that the real question was discussed. Strong opposition
was displayed towards the 1850 proposals. A resolution
carried was to the effect that " as members of the Protestant
Episcopal Church of England in South Australia and
desirous to pay proper deference and respect to the Lord
Bishop of that Diocese, we totally and absolutely repudiate
any assumption of ecclesiastical authority by the Church
in this Province, and solemnly protest against any attempt
on their part to exercise the same." 5 One speaker said, 6
" We do most emphatically deny their right (i.e. of the
Bishops) to meet in Sydney with all the solemnity and
assured authority of a Synod or Convocation, which the
constitutional law does not allow; and we deny, in the
same most emphatic manner their right to promulgate any
document like the Sydney minutes, which, although put
forth under the modest garb of mere opinions, bears evidence
enough within it what effect it is intended to produce."
Another said, 7 " A bold high-handed attempt is being made
by the Bishops, not only for ecclesiastical authority, but
for secular power ; and I think it behoves every man to
whatever denomination of Christians he may belong, to
throw his whole weight into the scale, to nip their aspirations
now, while they are in the bud/' Such was the feeling
1 Cp. supra.p. 81.
8 The minutes were published in a pamphlet : "An account of thi
Proceedings of the Laity of the Church of England in South Australia;
occasioned by the publication of certain minutes of a meeting held at Sydney
by the Australasian Bishops in October, 1850." Adelaide, 1851.
8 p. 16. ,
* In which further recriminations were uttered on those who held the
doctrine of Baptismal Regeneration.
5 Ibid. B Ibid., p. 43. 7 Ibid., p. 47.
SOUTH AUSTRALIA 99,
which Bishop Short had to combat in certain quarters of
his diocese.
II. THE PETITION to THE QUEEN
But eventually the Bishop succeeded in winning the
confidence of his Diocese. There was little doubt in his own
mind that the path of " consensual compact " was to be
followed. As early as 1851, all grants from the State purse
to the support of religion were withdrawn. 1 At length, a
proposed constitution 8 was drawn up ; but even so the.
1533 Act prevented its taking effect without the Royal
Assent. A memorial was therefore compiled to be sent to
the Queen. In this it was declared 3 " That the body of
English ecclesiastical law has not yet been adapted to the
wants and necessities of the Church in the Colonies ; that
the jurisdiction of the bishop over the clergy is left without
any prescribed form of process : that there is no prescribed
form or mode of appeal to the metropolitan, or of giving
effect to the sentence of his court : that the periodical
meeting of the bishop, clergy, and laity in diocesan as-
semblies is as yet unauthorised by the supreme authority
of the Crown." And the memorialists requested the Queen
"to sanction such diocesan meetings of the bishop, clergy,
and laity, and to empower them to make and give effect to
such rules and regulations as may be deemed expedient for
the better government of the Church in this colony and as
may be consistent with the doctrine and discipline of the
Church of England, and the lawful supremacy of the
Crown."
In February 1853, Bishop Short went to England with
this petition. The result was the ill-fated Bill of Archbishop
Sumner. But when the .draft Constitution of the Diocese
was placed before several high legal authorities 4 the reply
was that it was possible for a Colonial Diocese to organize
itself in this way without Imperial legislative powers.
Believing there were now no legal obstacles to the carrying
into effect of the scheme, Short returned to Australia ; the
Constitution was discussed in the parochial vestries of the
different parishes; and in October 1855, the syhodical
compact was submitted to, and ratified by, a Diocesan
Assembly at Adelaide. It received the signatures of the
Bishop, clergy, and elected lay representatives.
1 Gp. p. 144. 2 Document 0. 8 Document P.
4 Cp. Whitington, op. cit., p. 145. They were Sir R. Bethell, Sir
Fitzroy Kelly, Sir Joseph Napier, Mr. A. J. Stephen's.
loo THE AUSTRALIAN CHURCH
III. THE DIOCESAN SYNOD
The Constitution of the Diocesan Synod is to be found in
an Appendix. 1 The document is of considerable length,
and is prefaced by a long preamble. Then follows an
important Declaration : " The Diocese of Adelaide, in
South Australia, is a part of the United Church of England
and Ireland; and doth maintain the Doctrine and Sacra-
ments of Christ, as the Lord hath commanded, and as the
said United Church of England and Ireland doth receive
the same ; together with the Book of Common Prayer and
of ordering of Bishops, Priests and Deacons."
The Synod is to consist of bishops, clergy, and elected
lay representatives. Deacons may be present and take
part in the discussions, but they may not vote (Clause i).
It is to be the " proper Court for the trial of such offences
as may be presented to it by the Bishop " (Clause 2). It
is to meet at least annually in Adelaide (Clause 4). A
quorum of a quarter of the Synod is necessary (Clause 6).
The alteration of any of the fundamental provisions of the
constitution necessitates the assent of the Bishop, and that
of at least two-thirds of the Clergy and Synodsmen present,
voting by oro'.ers (Clause 7). In the case of questions con-
cerning the appropriation of funds, voting is not by orders
(Clause 8). The later sections of the Constitution deal with
questions of parochial organization, discipline, and a body
of trustees. ,
The first Synod which met under this Constitution was
held at Adelaide on April 29th, 1856.2
IV. THE LEGAL VALUE OF THE SYNODICAL
DETERMINATIONS
In his pastoral address to the Synod in 1858, the Bishop
discussed the whole question as to the legal position of the
assembly. There is a long extract from this address in
Archdeacon Whitington's book. 3 It is impossible to quote
it all here, but a few extracts may be given : " It would be
[as ?] absurd, on the one hand, for any Diocesan Synod,
assembly or convention, to attempt to make decrees binding
upon other parties than those who voluntarily enter into
1 Document N.
2 Considerable amendments have been made to the Constitution since
that date. In its present form, it may be found in H. L. Clarke : Consti-
tutional Church Government, pp. 159 ff. 3 Op. tit., pp. 146 ff.
SOUTH AUSTRALIA 101
the compact, as it is on the other, to deny the legality of
such Synods making bye-laws binding on the bishop, clergy,
and laity who shall agree to abide by them." 1 And then,
discussing the powers of holding property, the Bishop said :
" It is surely proper, then, that the specific trusts on which
such property is held should be declared, embracing, of
course, the fundamental principles of our Reformed Episcopal
Church, her acknowledged doctrines and the liturgical offices
and ceremonies which she has inherited from Christian
antiquity. On the one hand, it would be useless to declare
rules and principles without making the property assigned
for the support of the Church subject to those rules ; and
on the other, to put property in trust for the benefit of the
Church of England without specifying the distinctive
principles of that Church, and the mode whereby adherence
to those principles by the ministers and officers of the
various congregations shall be secured, will only sow the
seeds of future dispute, litigation, and possible disruption.
Without some such system, diocesan union is nominal
rather than real, and the Scriptural authority of the bishop
exposed to undue impediments whenever it may become
necessary to bring it into exercise." 2
A test case as to the legal powers of the Synod was soon
to come up. One of the clergy of the Diocese, who had been
suspended from his office for drunkenness, claimed to be
tried under the disciplinary clauses of the regulations of the
Synod. He was condemned, and, in consequence, brought
an action for libel against the Synod, in the civil court.
But the civil court contended that, as the clergyman had
claimed to be tried under the Bishop's court, he had made
himself a party to any decisions that they should determine ;
and, consequently, the action for libel was unsuccessful.
But even this did not satisfactorily settle the question of
the authority of the Synod in instances when offenders
came up for trial who had not made themselves a party to
that court. In 1862, an attempt was made, therefore, to
pass a Bill through the Adelaide Legislative Assembly with
a view to obtaining parliamentary sanction to the Synod
Constitution. The Bill was rejected on the grounds that
a civil court could not interfere in a purely denominational
matter. But a way out was soon found. Before the Bishop's
licence was issued to any clergyman, the holder was first
required to sign a legal document that he held his office in
1 Ibid., p. 148. * Ibid., pp. 148 f.
102 THE AUSTRALIAN CHURCH
the Diocese subject to the Synodical Laws, and was bound,
in consequence, by the disciplinary regulations of the
Synod. 1
V. THE SOUTH AFRICAN CASES,
Some reference to the South African Cases is of value
here, because, though they did not concern the relations
between the South Australian Government and the Church,
they occasioned important decisions of the Privy Council. 2
They led to the pronouncements from the Privy Council
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 for enforcing
discipline within their body which will be binding on those
who expressly or by implication, have assented to them." 3
In this way any legal disabilities that might be thought to
attach to a Synod, built up on the basis of consensual
compact, would appear to be removed. Mr. Spencer
Holland, an English barrister, states in his book on the
Ecclesiastical Courts Commission, when commenting upon
the South African case of Merriman v. Williams " Any
Acts, or Legislative Consent to ordinances, which the
Australian Churches may have applied for, are merely
private Acts for their own corporate recognition by Courts
of Law, and must not be thought in any way to confer any
special legislative power or jurisdiction more than those
with which other corporations are entrusted. ... A co-
ercive jurisdiction is the criterion of a public court. This,
no Church tribunal in the colonies possesses." 4
. l Cp. Whitington, op. tit., p. 152.
* These Cases are also discussed on pp. 72 f. in their bearing on the
validity of Letters Patent.
8 Phillimore : Ecclesiastical Law, and Edition (1895), P- 1783.
VSpencer L. Holland : A Summary of the Ecclesiastical Courts Com-
mission's Report (Oxford and London, 1889), p. 284.
CHAPTER VIII
NEW SOUTH WALES
I. THE FIRST STAGES
WE have seen that there were, following the 1850
Conference, two courses open to the Church in
every Colony. She could proceed either by the
road of " legislative enactment," or that of " consensual
compact." Though there was not at that date any ecclesi-
astical legislative bond between the Dioceses of Sydney and
Newcastle for the Province of New South Wales, with
which we are familiar, was a creation of later date it was
natural that the two Churches within the same civil Colony
should act in conjunction. They did ; but Tyrrell of
Newcastle, whose presence had made its mark throughout
that Diocese, began to formulate a policy making for greater
diocesan unity, and definite action was taken by him
towards this end.
But it was not till the beginning of 1852 that serious steps
were taken in the Diocese to carry the 1850 proposals into
effect. A meeting of Broughton and Tyrrell took place in
Sydney from February i8th to March ist of that year.
Following on this meeting, Broughton sent a circular to the
clergy of his Diocese, urging them to lay two papers before
the Diocese. The first was a declaration of Assent to the
action of the six bishops, and a request that the Queen
should be petitioned to remove the disabilities in the way
of synodical government. The second was a draft of the
petition itself.
As the Bishop stated in the circular, the purpose of the
papers was to enable the Laity throughout the Diocese "to
express their opinion concerning such measures, and to
unite with their Clergy in carrying the same into effect so
far as they meet the Laity's approval," 1 He considered
this course " to be the most cautious and safe, and also to
be most in agreement with that prder by which our Church
1 Cp. Doodle, op. tit., p.. 123,,
103
104 THE AUSTRALIAN CHURCH
affairs are at present regulated, while it affords ample scope
for the expression of the opinion of the Church as to the
wisdom and necessity of that system which its chief Pastors
in this Province have recommended." 1
The reception of the proposals was similar to that in
Adelaide ; indeed, the suggestion may be ventured that it
was directly inspired from that quarter. Here, too, the
laity were particularly hostile, and they summoned a meet-
ing at which the bishops were denounced as grasping at
power, just as the laity at Adelaide had done. 2 The Bap-
tismal doctrine set forth was also the cause of much bitter
feeling. Even those who were not members of the Church
of England joined in the contest, and one such Minister
urged "that, if legislative authority be given to enforce
discipline, either by fine, imprisonment, or capital punish-
ment, to any one of the Protestant Churches, such legal
authority cannot justly be withheld from all, nor from the
Roman Catholic Church, and thus would be legalized the
order of the Jesuits and the Inquisition with all its horrors,
to enforce discipline to the great discomfort of that portion
of your Majesty's subjects, and to the great danger of civil
and religious liberty." 3 -
These views, however, were not destined to triumph, as
the majority concurred in the view that the Queen should
be petitioned to remove the disabilities under which they
suffered.
In Newcastle, the state of opinion was less hostile, largely
owing to the great personal affection which existed towards
the Bishop. At the first meeting of the newly formed
" Newcastle Church Society," held on May 6th, 1852,
Bishop Tyrrell expressed his views on the question of the
formation of a Synod. He felt that the first step should be
the sending of a petition to the Queen to form a Commission,
which should treat the matter with reference to the other
Colonial Churches. To his gratification, he found that the
Metropolitan had arrived, independently, at the same
conclusion, sentiments which he Tyrrell expressed in a
letter of about that date : 4
" I have been surprised and gratified to find from a long,
important letter which the Bishop of Sydney has written to
me, that, after all the discussion and irritation in his
Diocese, ... his Lordship now sees that the first step he
1 Cp. Boodle, op. cit., p. 123 a Cp. supra, pp. 98 f.
3 Boodle, ibid,, p. 124. * Boodle, op. cit., p. 126.
NEW SOUTH WALES 105
must take in England the first and principal thing which
he must endeavour to bring about is the appointment of
a Commission by the Queen, the point we had previously
arrived at without any strife or disunion."
Broughton now sailed for England. He appears to have
been unaware, however, when he left, how the matter was
progressing in the Home Country. 1 His death only about
three weeks after his arrival in England prevented his seeing
his wishes realized. But his visit was not altogether in vain,
for he had been able to communicate with Mr. Gladstone
and to visit Archbishop Sumner prior to the introduction
of the latter's Bill.
II. THE DRAFT BILL
It was not till three" years after the arrival of Bishop
Barker, Broughton/s successor, that the matter was again
taken up. In the^meantime, the Church Assembly had
been constituted in Melbourne, 2 and it was not without
good judgment that the Metropolitan decided, towards the
end of 1857, to visit that Diocese to see how the Constitution
was working in Victoria.
Early in 1858, not long after his return, he requested Sir
William Burton, a Judge of the Supreme Court, Mr.
Alexander Gordon, and others, to prepare for the Legislature
a Draft Bill on the Constitution of Synods, which he might
first submit to conferences in the Dioceses of Sydney and
Newcastle respectively. As a basis, he laid before them
the Constitutions of the Synod of New Zealand and of the
, Church Assembly of Melbourne. The Bill was duly prepared
towards the end of the year for submission to the conferences.
The Sydney Conference sat from November 24th till
December ist (1858). Two of its members, Sir William
Burton and Canon Allwood; were altogether opposed to
submitting the Bill to the Legislature. All that they thought
advisable was that an " Enabling Bill " should be passed,
" enabling "the Church to form Synods which could pass
valid legislation. But the general feeling was that the
legislation itself should be sanctioned by the State ; and,
after certain amendments had been made, the Bill was
handed to the Conference at Newcastle (which met on
December I5th-i6th). There, it was adopted unanimously,
apart from one further amendment (which was also unani-
mously carried), namely, that as soon as three Dioceses were
1 Gp. pp. 99 f . Cp. supra, p. 99.
io6 THE AUSTRALIAN CHURCH
created in New South Wales, it should be not only in the
power of, but compulsory on the Metropolitan to summon a
Provincial Synod.
Tyrrell, at this date, regarded an Enabling Bill, and still
more a Constitution on the basis of "consensual compact,"
" a mere rope of sand." 1
The Draft Bill in its final form was introduced into the
Legislative Council in 1859, though as a private Bill. It
had been before a Select Committee which gave it a form
with which both dioceses were in agreement. In the Legis-
lative Council, however, it was so altered that it was
ultimately rejected, and thus the history of the development
of Constitutional Government in New South Wales remained
at a standstill for several years.
.: We cannot do better than quote here a letter of Bishop
Tyrrell to his biographer, dated April igth, 1861 : 2
" Can you imagine my dismay at finding that the Com-
mittee of the whole House, just before the third reading,
made an alteration in the veto really .at the suggestion
of , without consultation with me, or even with the
Sydney Conference Committee, limiting the Bishop's veto
in his Diocesan Synod to spiritualities, when the Bishop
himself and Sir Alfred Stephen had said in their evidence
that spiritualities would never come before the Diocesan
Synod. Last week I went down to Sydney to arrange what
was to be done ; when I insisted that the Bill with such a
change must be referred back to the Church. Consequently,
it has been withdrawn, there being no prospect of its passing
the second reading in the Lower House, or, if it had, that it
could have been carried through all its stages before the
prorogation, which was at hand. Thus all acquiescence in
the Parliament legislating for the Church in important
points of the constitution of her Synods, without the sanction
of the Church, has been avoided."
The refusal to accept the altered Bill was welcomed no
less by Selwyn, as shown in a letter to Tyrrell, 3
" AUCKLAND,
"June 6th, 1861.
"Mv DEAR FRIEND AND BROTHER,
" Your letter of May 3rd is now before me, . . .1
have watched the progress of your Synod Bill with great
1 Cp. Boodle, op. cit.,p. 184. z Ibid., p. 185,
8 Ibid..
NEW SOUTH WALES 107
interest, and could not avoid anticipating its fate. Our
dear departed friend had left behind him a legacy of rooted
opposition to the veto. When this came to be proposed to
the Legislature, it was likely that all the old feelings would
be revived. I think that you did quite right in refusing to
recognise the altered Bill. All the other Diocesan Synods
having given a veto to each of the three orders, it was un-
reasonable that Sydney and Newcastle should be exceptions.
Your very affectionate friend and brother,
" G. A. NEW ZEALAND."
III. BARKER AND TYRRELL DIFFER
In the several years' interval which elapsed before the
work of the formation of Synods was resumed, another
Diocese was constituted in the Colony of New -South. Wales,
namely, that of Goulburn (1863). l
As there were now three bishoprics in the Colony, Tyrrell
urged that the Church should take common action as a
Province in framing a Constitution for itself. 2 For the
State to give its assent to all the details of Church Govern-
ment was, he urged, quite unnecessary ; all that the State
need do was to pass an " Enabling Act," such as would
apply equally to all religious bodies to allow themselves to
organize on their own basis. In a letter addressed at this
time to the Clerical and Lay Representatives of his own
Diocese, Tyrrell says " You will, I think, agree with me
that, as in the New Zealand Church, we require : ist, to
draw up and adopt a Church Constitution based on con-
sensual compact, and applicable to the whole Church of
England in this Colony. Therefore not a Diocesan Consti-
tution, but a General or Provincial Constitution : and 2nd,
to obtain from the Legislature only a Trust Act like the
New Zealand Trust Act ; in the preamble of which our
Church Constitution, with its Governing Body, the . Pro-
vincial Synod, may receive Legislative recognition." 3
Before long, Tyrrell came to doubt whether even an Enabling
Act were an ideal. Certain events had taken place recently
.which he tended to regard as rendering an appeal to the
State for legislation unnecessary and even, vicious. He
1 It is interesting to observe that Goulburn was the last town in
Australia to become a " city " by Royal Mandate, by virtue, of course,
of its being the See town of a Diocese created by Letters Patent.
8 The term " Province " was first introduced in the Resolutions passed
at the 1850 Conference. 8 Boodle, op. cit., pp. 210 f.
io8 THE AUSTRALIAN CHURCH
expressed disapproval of the decisions of the English Law
Courts relative, to the judgment of the Judicial Committee
of the Privy Council in the Long v. Bishop of Cape Town
case. 1 He recognized that the State itself was tending to
throw off its functions as prottge of the Church ; for in 1862,
it had passed a " Bill for the Gradual Abolition of State
Aid " a to the Church. He had now before him the examples
of New Zealand 3 and of South Australia 4 which had or-
ganized themselves on the basis of consensual compact, and
the plan appeared to be working satisfactorily in those
Colonies. No longer did he regard, as he had previously
done, a Church Constitution without State sanction ' ' a mere
rope of sand " ; it became, if we may develop this not too
pleasing metaphor, a " rope of concrete."
Barker, however, held other views. In 1862, he paid a
visit to the Home Country, and there had the opportunity
of discussing the subject with some Canadian bishops. 5
There was no longer any doubt left in his own mind that an
Enabling Bill was necessary.
Barker was, therefore, not a little disconcerted on his
return to his Diocese to find that Tyrrell had, in the mean-
time, developed absolutely diverse views. But Barker
refused to give way ; and Tyrrell, wisely seeing the need
for unity of action, waived his own beliefs, and prepared to
co-operate with Sydney in yet another attempt to secure
the aid of the Legislature. But here the question rested
for two years.
IV. THE CONFERENCE OF FEBRUARY, 1865
i. A Sydney Diocesan Conference was held on February
yth, 1865, at which it was proposed on the agenda sheet to
thrash out the question "Shall, or Shall not, an Enabling
Bill be asked for ? " It might have been hoped that, at
any rate, some definite course of action would be agreed
upon at this Conference. Curiously enough, as it appears
on the surface, this subject was hardly discussed. The
Metropolitan merely stated his preference for such a Bill,
but said that he did not regard it as essential. A Committee
was appointed to draw up " Fundamental Constitutions for
the United Church of England and Ireland " in the Colony,
ii. When Tyrrell saw that Barker was wavering in his
1 Cp. Boodle, op. cit., pp. 203 f.
8 New South-Wales Statutes, 26 Viet, No. 19.
Cp. Boodle, o/>. e#., p. 210. * Cp. p. 99.
5 Ibid., p. 197.
NEW SOUTH WALES 109
views, he became much more insistent on his own. On
hearing of the proposals of the Sydney Diocesan Conference,
he informed Barker, that he, too, would calla Diocesan
Conference, but that he would guide this Conference towards
Provincial action as he still felt the need and value of unity
of procedure. The Conference accordingly assembled at
Newcastle on February 24th and passed resolutions
(a) " That the Enabling Bill is not required in the present
circumstances of the Church, and therefore does not receive
the sanction of [this] Conference ; " and (b) " That a select
Committee be appointed with power to confer with similar
Committees in the Dioceses of Sydney and Goulbourn." 1
Co-operation, of course, was intended with the Committee
appointed by the Sydney Conference.
Unfortunately, the Newcastle Resolutions were passed
too late. When the Sydney Committee were informed of
them, they had already drawn up a Constitution for that
Diocese alone ; and no reference whatever was made to
the other dioceses in the Colony.
Another Diocesan Conference held at Sydney accepted
their proposals ; and a Bill was therefore submitted to the
Legislative Assembly to give the Church in that Diocese the
necessary powers. The Bill, however, was never passed,
mainly because of a petition from Tyrrell, who, at all costs,
wanted, as we have seen, common action.
V. PROVINCIAL ACTION
On August i5th, 1865, the Diocesan Synod 2 assembled
again at Newcastle, on which occasion it carried a resolution
" that it is highly desirable that a Conference of Bishops
and clerical and lay representatives of the Church in the
three dioceses of the Colony of New South Wales should be
held in Sydney for the purpose of considering and determin-
ing what form of Constitution should be adopted for the
good government of the Church in the Colony ; and also on
what points it is desirable to apply for legislative sanction." 3
Another resolution followed, in which the Metropolitan was
requested to summon such a conference ; another appointed
from their number four clerical and four lay members to
represent them at the proposed conference. 4
When Bishop Barker had been informed of these proposals,
1 Boodle, op. cit., p. 200.
2 This was the first time that the Conference so designated itself.
Ibid., p. 201. Ibid.,p. 204. * Ibid.
no THE AUSTRALIAN CHURCH
he intimated them formally to a Diocesan Synod at Sydney
on September 26th, 1865. The Synod agreed to the pro-
posal for the Provincial Conference ; but it was determined
that its powers should be strictly limited ; indeed, it re-
moved from its own Constitution, doubtless acting on the
advice of the Metropolitan and Chancellor, all mention of
the establishment and powers of the Provincial Synod;
and now bound its representatives at the forthcoming
Conference not . to alter, or allow its Constitutions to be
altered in any respect. 1 Goulburn was equally determined
not to abandon any of the powers of its own Synod to that
of the Province ; and at a Synod held there in December
1865, followed the example of Sydney, and made it clear
to its representatives that they, too, should go with their
hands tied.
. Newcastle, on the other hand, was relentless in the desire
to confer real powers on the Provincial Synod. It adhered
to the proposals of the Draft Bill of 1858, which, it will be
remembered, had made definite provision for the Provincial
Synod. Its own Diocesan Synod, moreover, had, in its
Constitution, clauses relative to the proposed Provincial
Synod. But it did not bind its representatives in quite the
same way as did the other two dioceses ; for while it drew
up Draft Constitutions, it gave to the representatives
freedom to alter them, should the majority of the Synod
so wish.
VI. THE PROVINCIAL CONFERENCE AND THE PASSING
OF THE LEGISLATIVE BILL
The Conference finally met on April nth, 1866. A Com-
mittee was forthwith appointed to draw up the Constitutions.
In them, the members of the committee agreed to include
the provisions of the 1858 Draft Bill; but they really
divested the Provincial Synod of any effective powers, since
any Diocesan Synod could stop Provincial action by holding
aloof. 2 Such a limitation of the powers of the Provincial
Synod was, of course, highly distasteful to Tyrrell ; but he
was willing to submit in the hope (which proved a vain one)
that these provisions were only temporary. 3
Agreement was, ultimately obtained. Tyrrell, now that
common Provincial action had been reached, at least in
1 Cp. Boodle, op. cit., pp. 207 f. .
. 8 We shall see later that the same principle was behind the Constitution
of the General Synod. 3 Cp. Boodle, op. cit,, p, 212.. .
NEW SOUTH WALES m
name, was prepared to give way. Accordingly, resolutions
were passed, proposing that a Bill should be sent to the
Legislature for the purpose of securing two distinct objects
(i) The practical working of the Diocesan Constitutions ;
and, (ii) The Management of Church property in accordance
with these Constitutions.
The Bill was sent ; and in 1866 was passed through the
New South Wales Legislature, " An Act, 30 Viet., to enable
the members of the United Church of England and Ireland
in New South Wales to manage the property of the said
Church under which the Constitutions were made binding
for all purposes connected with Church property " (dated
October 4th, 1866). -The Constitution of the Diocesan
Synod, was, however, only registered in the Supreme Court,
not dependent upon Legislative sanction.
VII. THE 1866 ACT
The Act of 1866 is substantially that which binds the
Church in New South Wales. There have, indeed, been
certain modifications of this Act, and further legislative
measures subsequent upon it. The latter include
(a) The Church of England Trust Property Incorporated
Actofi88i.
(6) The Sydney Bishopric and Church Property Act of
1887.
(c) The Church of England Property Act of 1889.
(d) The Church Acts Repealing Act of 1897.
But these are not of much importance.
VIII. THE 1902 ACT
This Act repealed the 1866 Act and replaced it with
another with the less cumbrous title of " The Church of
England Constitution Act," and is substantially that which
binds the Church of England in New South Wales at the
present time (1928). 1
It was occasioned by some resolutions passed by the
Executive Committee of the Provincial Synod of the State.
Formal assent was granted also to the Constitutions of the
Diocesan Synods which had been proposed by the Executive
Committee; yet it is interesting to note "the several
1 The chief change made by the 1902 Act was the substitution of the
title "Church of England" for the name hitherto used " Church of
England and Ireland.".
112 THE AUSTRALIAN CHURCH
articles and provisions proposed ... are and shall be for
all purposes connected with or in any way relating to the
property of the Church of England within the State of New
South Wales binding upon the members of the said Church." 1
The State was unwilling now to interfere more than neces-
sary in the internal affairs of the Church. A Schedule drawn
up by the Executive Committee of the Provincial Synod
relative to the Constitution of Diocesan Synods was ap-
pended to the 1902 Act. It will be found in H. L. Clarke's
Constitutional Church Government, pp. 131-136.
IX. THE CONSTITUTION OF THE PROVINCIAL SYNOD
The New South Wales Provincial Constitution has under-
gone a number of changes since it was originally drawn up...
In 1907, many important alterations were made, and this,
apart from changes in the mode of representation, is as it
stands at present. 2 Section i appoints the Bishop of Sydney
as ex officio Metropolitan ; Section 2 determines that it shall
consist of two Houses, the House of Bishops and the House
of Representatives. They shall sit together, but vote
separately; Section 3 lays down the method of propor-
tionate representation, the number of clerical, being always
equal to the number of lay representatives ; Sections 4-7
deal with the place of session and the rules of procedure,
etc. ; Section 8 is important, and must be quoted in full
" The Provincial Synod shall have power to make Ordi-
nances upon and in respect of all matters and things con*-
cerning the order and good government of the Church in
the Province. Provided 'that no Ordinance save as is next
hereinafter provided shall be binding upon the Church in
any Diocese, unless and until such Ordinance shall be
accepted by the Church in such Diocese by an Ordinance of
its Synod. Provided, however, that any Rule or Ordinance
passed by any Diocesan Synod to which the Bishop of that
Diocese shall not assent may be the subject of reference by
such Diocesan Synod to the Provincial Synod, and the
decision of the Provincial Synod with reference thereto
shall be binding on the Church in the Diocese so referring
such Rule or Ordinance." We see here how strictly the
powers of the Provincial Synod were limited. Section 9
provides for no alteration being made by the Provincial
1 Church of England Constitutions Act Amendment Act, 1902, Section
IV.
8 The Constitution may be found in Lowther Clarke : Constitutional
Church Government, pp. 113-116.
NEW SOUTH WALES 113
Synod in the Articles, Liturgy, or Formularies of the Church
except in conformity with any alteration which may be
made therein by any competent authority of the Church
of England in England ; Section 10 provides that no rule,
ordinance, or determination shall contravene any State
laws ; Section n allows the delegation of synodical powers
to committees ; Sections 12-16 deal with the mode of
voting, etc., the procedure in the absence of the Metro-
politan or any other Bishop, and the power of altering the
Constitution, and make Sections 9 and 10 of the Constitution
irreformable. The last section, Section 17, provides for the
sending of a copy of all ordinances passed by the Provincial
Synod to the Archbishop of Canterbury.
H
CHAPTER IX
TASMANIA
I. THE FIRST BISHOP
AS we saw, above 1 it was on August i8th, 1842, that
the first Letters Patent were issued, creating the
Bishopric of Tasmania. The Church in the Colony
was thereby freed from the jurisdiction of the Bishop of
Australia, and it was only in 1847, when Broughton was
created Metropolitan, that there were further Letters
Patent issued, placing the Tasmanian Church under the
control of the Bishop of Sydney again.
In Tasmania, as in other states, the problems connected
with the organisation of 'the Church were matters of serious
controversy. From the day of Bishop Nixon's arrival he
was faced with difficulties . The military Chaplains had been
state officials, paid by the Government and controlled by
the Archdeacon, subject to the Governor. It was therefore
not unnatural that some of the Governors should try to
control the Bishop as another servant of the State in the
same way. Much controversy with the authorities ensued
and large sections of the non-ruling part of the population
were equally insistent that the Bishop's powers should be
limited. When in 1845 England rang with Newman's
secession and, in the years almost immediately following,
with the Gorham case, the echoes were not long in reaching
Tasmania ; 2 hence any claim to spiritual authority was
interpreted as it had been on the mainland 3 as a movement
towards Rome on the one hand, or as antagonistic to the
State on the other, and, therefore the Church must be kept
in order and taught a position of subservience. Fortunately,
Bishop Nixon was a strong man who knew full well the path
to tread, and like his brother-prelates of the 1850 Conference,
1 Page 69.
2 For a contemporary document on the question of the Baptismal
Doctrines in Tasmania see F. R. Nixon : Substance of a Reply to a
Deputation at Hobart Town (1852) (London, 1853).
8 Cp. pp. 98 and 104.
114
TASMANIA 115
he faced all opposition with a steadfast resolve to secure
for the Church powers of self-government.
11. THE CHURCH OF ENGLAND CONSTITUTIONS ACT, 1858.
(22 VICT., No. 20)
In 1857 Nixon had called together a council of clergy and
laity ; as a result, a voluntary Synod was convened and
Parliament was asked by it to grant powers to enable the
Church in Tasmania to control and manage its own affairs.
Parliament acceded, and the Constitution Act of 1858 was
the result.
This Act gave to the Church in the Colony government
"by legislative enactment." Among its most important
provisions are the following :
The Synod shall meet under the presidency of the Bishop
(if present), and may pass Acts or Resolutions by a majority
vote (Sections i, 2). Such Acts and Resolutions shall be
binding on the Bishop, Clergy and Laity and yet only so. far.
as the Acts (or resolutions) "may concern their respective
positions, rights, duties, and liabilities in regard to their
office, ministry, membership, or communion in the said
Church, or may concern the right of patronage in or manage-
ment of the property of the said Church " (Section 3).
The Synod may establish a tribunal for the trial of offences
against Laws Ecclesiastical and other matters (Section 4).
The Synod is to be held at least annually (Section 6). The
Lay Representatives are to be elected by their parishes
(" Cures ") in accordance with details laid down in Sections
12, 13 ; only males, however, are entitled to vote (Section
7). The Representatives have to sign a prescribed declara-
tion of faith (Section 1 1). The Synod has also the power to
appoint " Trustees of the Property of the said Church in
whom any lands, hereditaments, rights, moneys, goods
and .chattels whatever may from time to time be vested
for the benefit of the said Church " (Section 15). Section
17 is sufficiently important to be quoted in full : " Every
Act and Resolution of the Synod made in pursuance of and
in accordance with the provisions of this Act shall be deemed
to be incorporated herewith, and shall be of the same force
and effect as if the -same were expressly enacted herein :
Provided that no such Act or Resolution shall affect any right
or prerogative of Her Majesty (excepting only the said Right
of Patronage), nor any Right of Appeal to Her Majesty in
Council, or to the Archbishop of Canterbury, or to the
n6 THE AUSTRALIAN CHURCH
Metropolitan, nor alter or be at variance with the authorised
standards of Faith and Doctrine of the said Church, nor be
repugnant to this Act, or to the general spirit and intend-
ment of the laws in force in this Colony." The Acts and
Resolutions of the Tasmanian Diocesan Synod, therefore,
have the force of law in that Colony.
III. THE CHURCH OF ENGLAND CONSTITUTION AMEND-
MENT ACT, 1882. (46 VICT., No. 2)
The official name of the Church is here changed from
" The United Church of England and Ireland in Tasmania "
to "The Church of England in Tasmania" (Section 3).
Section 4 empowers the Synod to make provision for the
appointment and resignation of Bishops the,plural appears
to look forward to a time when the Diocese of Tasmania
is divided. Section 6 provides for the transfer of all property
at present vested in the Bishop " as a Corporation Sole, or
as a Trustee of the said Church " to the Church. Trustees.
The remaining sections are also concerned principally with
questions relative to the administration of property ; thus
Section 7 deals with that vested in Archdeacons, etc. and
Section to gives the trustees in certain cases powers to sell
or lease property vested in themselves.
IV. FURTHER AMENDMENT ACTS
These two Acts were further amended in 1892, 1899, 1903,
and 1905. The two last-named Amendment Acts may be
found in Lowther Clarke, Constitutional Church Government,
pp. 151-156.
The 1899 Act provided for considerable changes, At the
second reading of the Bill, the Attorney-General (Hon. D.-'C.
Urquhart) read an explanation of the position in which the
Church in Tasmania then found itself, and the necessity for
further legislation. "Our old Act," wrote the Bishop
(Montgomery), " contains for example, the following details :
(i) Those who vote for members of Synod must be males.
Some contend that at present we cannot even discuss the
question whether women may vote. This power has been
given in some dioceses. (2) Election of administrator in
the Bishop's absence. Here Synod appoints this person by
Act. In every other diocese the Bishop appoints his own
locum tenens or administrative officer in his own absence.
Some consider that we cannot even discuss this subject as
the Act stands. (3) In Clause 18 of our first Act, a copy of
TASMANIA 117
our resolutions has to be sent with due formality to the
Archbishop of Canterbury, and Her Majesty may disallow
such resolution within two years. Since those days it has
been decided that the Archbishop has no such jurisdiction.
Nor is there any special appeal from here to the Privy
Council in Church matters. Were there such appeal it would
conflict with our Australian Church organisation. We are
now a 'national Australian Church, with our regular Courts
for the trial of bishops, for the trial of heresy, etc. Our
Primate, with his assessors, is our Judge of Appeal ; and
there is no appeal from him to a higher Court ; our funda-
mental laws remain the same, but the Courts have changed." 1
The desired changes in the legislation were introduced almost
without opposition.
The Synod had now full power to amend its Acts. Accord-
ingly the " Church of England Constitution Amendment
Act (1903) " is an Act of the Synod, and not of the State
Legislature. It is concerned mainly with the mode of election
of representatives to the Synod. In future, the representa-
tives are to hold office for three years (Section i),' though the
Synod is to meet at least once in every year (Section 17),
It is far less concise than the earlier Acts and often loses
itself in minute details two defects which seem to manifest
themselves inevitably when the power of legislation is
transferred from civil to ecclesiastical hands.
1 Tasmanian Mail. Unfortunately the date of issue of the Mail from
which this extract is taken is missing.
CHAPTER X
QUEENSLAND
I. INTRODUCTION
THE date was bound to come when the Diocese of
Newcastle, which included all the waste land from
the See-town northwards, would have to be divided.
Tyrrell himself was never able to visit the country north
of Moreton Bay, 1 and it was essential that the regions
further north should be under episcopal control. As
elsewhere, one of the first preliminaries and perhaps the
most important was the raising of funds. By September
1858, however, the 5,000 which had been deemed necessary
for the erection of the See had been subscribed, and placed
in the hands of the Colonial Bishoprics Council. 2 Accord-
ingly in 1859 the year in which the Colony of Queensland
was separated from New South Wales (December ist)
the formation of the new See of Brisbane had been deter-
mined on and Dr. E. W. Tufnell had been designated as its
first Bishop. The See was actually created in the same year.
II. CONFERENCE PREVIOUS TO SYNODICAL GOVERNMENT
A conference was called together not without consider-
able opposition, as is evident from the contemporary Press 3
to consider the desirability of synodical government.
1 Boodle, op. cit., p. 169.
2 This Council managed the Colonial Bishoprics Fund. Cp. p. 145.
The money had been provided as follows :
From the S.P.C.K. . . . 1,000
S.P.G. . . . 1,000
Original Endowment of the See of
Newcastle
From the English Committee of the
See of Newcastle
Boodle, op. cit., p. 170.
8 For the loan of a collection of useful newspaper cuttings containing
much valuable material for our purpose, I am indebted to Mrs. Tufnell,
Banbury Road, Oxford.
118
QUEENSLAND 119
All the clergy of the Diocese, except the Rev. C. Searle of
Rockhampton, were present, and a representative number
of lay delegates. The Conference, which explicitly disclaimed
the title of Synod, sat at Brisbane on September 4th, 5th,
and 6th, 1867. At the meeting on the first day the Bishop
delivered a long address to the Synod, from which the
following extracts are taken. 1
" I have invited you, my brethren, to this Conference in
order that we may take counsel together as to whether we
consider that the time has arrived for the adoption of some
form of synodical action, and if so, what form we should
desire or adopt whether by legislative enactment or con-
sensual compact ; and I need scarcely remind you that in
any action that we may take, in order for that action to be
effectual, it will be necessary that it should have the con-
current assent of the three estates the Bishop, clergy, and
laity." Of these three estates, " neither [we] . . . desires
to claim any superiority over or independence of the other.
As Bishop of this Diocese, I desire to organise and administer
the Diocese in and through the wisdom and authority of the
Synod. The Bishop cannot act without the consent of the
clergy and laity ; the clergy without the consent of laity
and Bishop ; the laity without the consent of the Bishop and
clergy." After referring to the first Lambeth Conference,
which was being held in the same month in England, the
Bishop continued : " The Church at home is at once
national and catholic the Church in the Colonies is catholic
''but not national. Catholicity is of the essence of the Church,
its nationality or establishment is an accident. The Church
at home is a part and parcel of the British constitution,
in the Colonies it is a voluntary association ; as such it
deserves to be regarded, and claims to be in no better or
worse position than any other religious denomination ; and
if the Presbyterian, or Wesleyan, or any other religious
body are [we] able, without legislative enactment, to
organize themselves, I can see no .reason why, if after mature
consideration such a course is considered to be the most
expedient, the Church is not able to do likewise."
The passage which follows is perhaps the most important :
"The first question, then, my brethren, which I should
desire to submit for your consideration is whether in your
1 The address was reported in full in the Brisbane Courier of September
5th, 1867,
120 THE AUSTRALIAN CHURCH
judgment the time has arrived when it will be desirable for
us to enter upon some form of synodical action ; and if this
is decided by you in the affirmative, then what form of
synodical action you would desire to adopt. Whether it
should be by Legislative Enactment or consensual compact.
Different forms of synodical action have, as you are aware,
been already adopted in several of the Australian Dioceses.
It will be for the Conference to decide which, if any, of those
forms they desire to adopt. I shall be ready, my brethren,
to accept whichever the Conference may desire. Whilst
as at present advised I have no hesitation in saying that I
think it would be desirable to adopt a form of consensual
compact, with an application to the Legislature, if subse-
quent experience should prove it to be desirable, for some
simple enactment which, with due regard to vested interests
and specific trusts, may enable the Synod to deal with the
temporalities of the Church."
The session on the following day (September 5th) 1 was
devoted mainly to the discussion of the motion of Mr.
Justice Latwyche " that, in the opinion of this Conference,
the Synod to be hereafter convened shall be founded on the
basis of voluntary compact, and not on legislative enact-
ment." The motion, after much discussion, was ultimately
carried unanimously. A standing committee was appointed
to draw up a draft synodical constitution.
III. THE FIRST SYNOD
The first meeting of the Synod was held from May 6th-
8th, 1868, at Brisbane. 2
In the opening address, the Bishop referred to the decisions
of the recent Lambeth Conference resolution which urged,
" By the Diocesan Synod, the co-operation of all members
of the body is obtained in Church action, and that accept-
ance of Church rules is secured which, in the absence of
other law, usage, or enactment, gives to these rules the force
of laws, binding on those who expressly, or by implication,
have consented to them." He then proceeded to quote
the detailed application of this Lambeth decision and to
comment upon it. He gave a list of subjects which he thought
might well claim the attention of the -Synod ; they included
" the sustentation of the clergy and their appointment to
their respective cures ; the organization and subdivision of
1 The Brisbane Courier, September 6th.
* It was reported in full in the Brisbane Courier day by day.
QUEENSLAND 121
parishes ; the consecration of churches and cemeteries ;
the compilation or selection of a hymnal for general use in
the Diocese ; the education of the young ; the supply of
the occasional offices of the Church, such as marriages and
burials; Church dues and fees; the adoption of some
model trust deed, or the appointment of a Board, who,
subject to the control of the General Synod, .and to the terms
of any specific trust, may stand possessed of lands or moneys,
either granted by the Crown or given by individual members,
fpr the use and benefit of the Church ; the education of the
children of the clergy, and some provisions for those who,
through infirmity or age, are no longer able to fulfil the active
duties of the ministry." On some of the subjects the
Bishop said it would probably be necessary to appoint
select committees.
The Synod then proceeded to a consideration of the draft
Constitution. As Mr. Justice Latwyche pointed out in a
speech on May 8th, with a few slight variations the Con-
stitution was based on that of New Zealand. The importance
of the matter in hand, however, led to an adjournment of
the Synod for a month, until the members had had sufficient
time to consider the provisions ,of the proposed Synodical
Constitution.
IV. THE DIOCESAN CONSTITUTION
The Synod re-met after adjournment on June 8th, 1868.
The Bill, after considerable discussion on certain points,
especially on the so-called " Fundamental " clauses, was
finally passed with only slight amendments. Its most
important provisions were the following.:
Clauses 3-8 dealt with the Fundamental Provisions.
The first two of these (Clauses 3 and 4) differed only in details
from the corresponding provisions in New Zealand, on which
the Bill was modelled. " This Branch of the United Church
of England and Ireland in the Diocese of Brisbane dqth hold
and maintain the doctrine and sacraments of Christ, as the
Lord hath commanded, and as the said United Church of
England and Ireland doth receive the same together with the
Holy Scriptures and the book known as the Book of Common
Prayer, and administration of the sacraments, and other
rites and ceremonies of the Church, according to the use
of the Church of England, together with the Psalter or
Psalms of David, pointed as they are to be sung and said in
churches, and the form or manner of making, ordaining and
122 THE AUSTRALIAN CHURCH
consecrating Bishops, priests and deacons, and also The
Articles agreed upon by the archbishops and bishops of
both Provinces and the whole clergy in the convocation
holden at London in the year 1562. And the Synod herein-
after constituted for the government of this branch of the
said Church shall also hold and maintain the said doctrine
and sacraments of Christ; and all and every .of the said
Scriptures, books, and articles hereinbefore enumerated "
(Clause 3). " Provided always, that nothing herein con-
tained shall prevent the said Synod from accepting such
alteration of the above-named matters, books, and formu-
laries as may from time to time be adopted by the said
United Church of England and Ireland " (Clause 4).
Clause 7 laid down the method of alteration " of any of the
fundamental provisions of these presents, or any part
thereof." A committee is to be appointed to enquire into
the necessary changes and its report is to be accepted by the'
Bishop together with at least three-quarters of the clergy and
three-quarters of the lay-representatives present at two
successive Synods.
Clauses 9-27 are " non-fundamental." The Synod is to
be held at least once every year (Clause 9), the present meet-
ing being taken as the first session of the Synod (Clause 10).
The Synod is to determine the mode of election of representa-
tives. 1 Clause 14 gives the Synod the power of making I
provisions concerning the rights of patronage ; Clause 15
enables it to deal with Church property and trusts. Clause I
20 is important. " In the avoidance of the See, saving the
rights of the Crown, if any exist, the nomination of a Bishop
shall proceed from the clergy, and shall be submitted to the
Synod for approval, provided always that it shall be lawful
for the Synod to delegate the nomination of a Bishop to the
Archbishop of Canterbury or the Archbishop of York, or the
Bishop of London." The words in italics were an amendment
added at the Synod to the draft Constitution.
V. THE DIOCESAN SYNOD A BODY CORPORATE
I reproduce here a copy of some Letters Patent, issued
on November 2nd, 1870, as illustrating the form which such
letters took at that date. The importance of those Letters
Patent issued to create sees and appoint bishops must not
be allowed to obscure their use for other purposes.
1 For this purpose the same Synod drew up and ratified an " Election
Constitution."
QUEENSLAND 123
"Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
etc. etc.
" To the Right Reverend Edward Wyndham Tufnell,
D.D., Charles Cozen and Thomas Henry Paige, all of
Brisbane, in the Colony of Queensland :
" Greeting,
" Whereas by the Religious Educational and Charitable
Institutions Act of 1861, it was enacted that it should be
lawful for the Governor with the advice of the Executive
Council from time to time to issue Letters Patent under the
seal of the Colony, and therein to declare that any person
or persons and their successors for ever holding any religious
or secular office or preferment or exercising any religious
or secular functions to which he or they should have been
called or appointed In accordance with the rights, laws, rules
and usages of the community or institution to which each
person or persons should belong should be a body corporate
by such name and style as might in and by the said Letters
Patent be given to such corporation. And whereas it hath
been represented to us that you, the Right Reverend Edward
Wyndham Tufnell, D.D., Charles Coxen and Thomas Henry
Paige respectively hold and exercise the office of President,
Chairman of Committees and Treasurer of the Synod of the
branch of the United Church of England and Ireland in the
Diocese of Brisbane in the colony of Queensland, and that
you have been appointed to such offices respectively accord-
ing to the rights and usages of the said Synod and whereas
it hath been further represented to us that you are desirous
of being incorporated and designated by the style of the
Corporation of the Synod of the Diocese of Brisbane under
the provisions of the said Act, and have complied with the
provisions thereof entitling you in that behalf. Now know
you that we in pursuance of the power and authority vested
in us by the said Act, and by and with the advice of the
Executive Council of the said colony, do by these Letters
Patent, declare that you, the said Right Reverend Edward
Wyndham Tufnell, D.D., Charles Coxen and Thomas Henry
Paige and your successors for ever shall be a body corporate
by the name and style of The Corporation of the Synod of the
Diocese of Brisbane.
' "In testimony whereof we have caused these our Letters
Patent to be sealed with the seal of the said colony.
124 THE AUSTRALIAN CHURCH
" Witness our trusty and well-beloved Samuel Wensley
Blackall, Esquire, Governor and Commander-in-chief of our
Colony of Queensland and its Dependencies at Government
House, Brisbane in Queensland aforesaid on the second of
November in the year of our Lord, one thousand eight
hundred and seventy, and in the thirty fourth year of our
reign.
(L. S.) " SAM W. BLACKALL, Governor.
" By His Excellency's Command.
" A. H. PALMER."
VI. NEW DIOCESES
The number of Clergy at the May Synod in 1868, i.e. from
the whole of Queensland, was only twelve (excluding the
Bishop). 1 As the Colony increased the Church expanded too,
though not as rapidly as had been hoped. In Dr. Tufnell's
opening address to the Synod of August 2ist, 1872, he said :
" We shall be disappointed to find that whereas 15 clergy-
men were cited to attend our first Synod which was held in
the year 1868, only 17 have been invited to take a part in
the proceedings of our present session, whilst 5 clergymen
who once held my licence to the cure of souls have for various
reasons ceased to officiate as such, although still continuing
to reside within the limits of the diocese." 2 There had been
serious defections ; and the Bishop went on to say how neces-
sary it was to direct their attention " to the best means of
making provisions for a considerable increase in the number
of the clergy and I have " (he said) " no hesitation in saying
that if it were practicable the most effectual means of
attaining this desirable end would be one which I should
desire to promote by every means within my power, viz.
the subdivision of the Diocese."
Accordingly, before long the Diocese was subdivided.
TheJJiocese of North Queensland was created in 1878, that
of Rockhampton in 1892. We cannot treat here of their
respective diocesan constitutions in full, that of Rockhamp-
ton follows especially closely that of Brisbane ; in the case
of North Queensland 3 there is a long list of the matters on
which the Diocesan Synod has powers to legislate,
1 The number of laity was 22.
2 Reported The Brisbane Courier of that date.
8 The Constitution, in an amended form, may be seen in H. L. Clarke :
Constitutional Church Government, pp. 145-150.
QUEENSLAND 125
VII. PROVINCE OF QUEENSLAND
The First Session of the Provincial Synod was held in
1906. By that time, there were five dioceses ready to form
the Province, the two further dioceses of New Guinea and
Carpentaria having been created in 1898 and 1900 respec-
tively. New Guinea, by Determination III of the General
Synod session of 1 900, 1 had been included in the territorial
limits of the Church of England in Australia and Tasmania,
and at the. 1905 Session a determination was passed whereby
the Diocese was included within the Province of Queensland. 2
A draft Provincial Constitution was drawn up and agreed
upon at a Conference held at Brisbane in 1904. The Province
was declared on August 28th, 1905, and New Guinea added,
as we have just seen, in the ensuing October. Accordingly
the first Provincial Synod had been fully prepared for when
it entered its first Session on October 23rd, I9o6. 3
The most notable feature of the Constitution is a list of
subjects on which the Synod has the power of legislation.
Such a list occurs in neither of the two earlier Provincial
Constitutions (New South Wales and Victoria) ; in fact,
in these cases, the decisions of the Provincial Synod are
subject to ratification by their dioceses. It was, therefore, a
new departure when Queensland gave to its Provincial
Synod real powers of legislation. The list of subj ects referred
to is to be found in Clause 2 ; Clause 15, however, is the
really important one : . " All Canons shall be promulgated by
the President of Synod, and shall, when so promulgated, be
binding thereafter upon all the Dioceses of the Province.
Provided always that nothing therein contained shall be
or be construed in any measure contrary to or inconsistent
with the ancient Canons whereby the Diocesan Synods had
the free administration of their own internal affairs."
The other clauses of the Constitution are of less import-
ance. By Clause 7, the Metropolitan Bishop is the Bishop of
the Diocese of the capital city of Queensland, i.e. Brisbane.
By Clause 6, "the Provincial Synod shall meet not less
frequently than once in every three years, at Brisbane,
Townsville and Rockhampton in rotation." Clause 18
provided for the admission of further dioceses to the Province.
1 Cp. infra, Ch. XIII on the General Synod.
8 General Synod Report, 1905.
8 The Official Report was published at Brisbane (R. S. Hews & Co.) in
the same year. It contains also the Standing Orders of the Provincial
Synod, and three Canons of that Synod.
CHAPTER XI
WESTERN AUSTRALIA
I. THE RELATION TO SOUTH AUSTRALIA
AS we have seen, by the creation of the four new
dioceses out of the original Diocese of Australia in
1847, South Australia and Western Australia had
each been granted complete autonomy in relation to the
other two. But, though there were three different Colonies,
the population was by no means equally divided amongst
them. The Easternmost Colony, which, it must be remem-
bered, extended at that time from Torres Strait to Bass
Straits, was much the most populous. Hence, it was not
without reason that this Colony alone was divided between
three Sees ; and the whole of the other two Colonies, South
Australia and Western Australia, were constituted into one
vast Diocese. The Church in Western Australia was conse-
quently, in early times, under the jurisdiction of the Bishop
of Adelaide.
It was in the year 1857 that the See of Perth was severed
from the Diocese of Adelaide by Letters Patent. It was
natural that the new Diocese should organize itself by the
method that had been working so effectively in the mother
Diocese. Consequently, we hear very little talk at all in
Western Australia of any question of appeal to the Legis-
lature, except in so far as it was necessary for the holding of
property. Consensual Compact was adopted, and has con-
tinued to be the basis of Church Government in that Colony
up to the present day.
II. THE CONSTITUTION OF THE PERTH SYNOD
It was not till 1872 that Synodical government in the
Diocese began. On August 23rd of that year was passed
"The Constitutional Act of the Diocesan Synod of the
Branch of the Church of England in Western Australia" ; l
it was based on a provisional Constitution drawn up at a
Conference at the Bishop's House, held on July I3th, 1871...
1 It may be found in Code of Statutes of Diocese -of Perth, Perth, 1907,
126
WESTERN AUSTRALIA 127
The preamble contains a statement of faith, which is the
basis of the West Australian Church. " This Branch of the
Church of England in Western Australia," it reads, " doth
hold and maintain the Doctrine and Sacraments of Christ, as
the Lord hath commanded in His Holy Word, and as the
said Church of England hath received and explained the
same in 'the Book of Common Prayer, in the form and
manner of making, ordaining, and consecrating of Bishops,
Priests, and Deacons, and in the XXXIX Articles of
Religion. Provided that nothing herein contained shall
prevent the Synod from accepting any such alteration of the
formularies and Version of the Bible, as may from time ,to
time be adopted by the Church of England with the consent
of the Crown and Convocation."
The Constitution proper opens with a statement that the
Synod is to consist of the Bishop, the licensed Clergy of the
Diocese, and two elected Lay Synodsmen to each clergyman.
All members of the Church of England of the age of twenty-
one shall, on signing a declaration of faith, be capable of
voting for the Synodsmen (Section 3) ; the Synodsmen
themselves must be communicant members of the Church
and shall hold office for three years (Sections 4, 6). Every
ye'ar there shall be a general meeting of the Synod (Section
8). Ordinarily, the clergy and laity shall vote together
(Section 10) unless two of the clergy or four of the laity
present shall require voting by orders (Section u). The
assent of tne Bishop shall be necessary for the adoption of a
resolution when the voting had been taken by orders (Section
12). Should, however, the Bishop dissent from any resolu-
tion carried by a majority of both orders (clergy and laity),
all action is to be suspended till the next meeting of the
Synod ; and should the Act then be confirmed by two-
thirds of the Clergy and two-thirds of the laity then present,
and the Bishop shall dissent, the matter shall be referred
to the Provincial Synod (if it has been constituted) and the
decision of that Synod shall be final (Section 13). Until the
constitution of a "Provincial Synod for the Australian
dioceses," x all appeals shall be to the Metropolitan
(Section 15).
III. THE CREATION OF THE DIOCESE OF BUNBURY
The division of the Diocese of Western Australia to which-
the Constitution of its Synod at least looked forward, did not
1 A " Province " of Australia was, of course, never constituted.
128 THE AUSTRALIAN CHURCH
enter the sphere of practical politics until the last decade
of the nineteenth century. It was the discovery of gold in
1891 which provided a new stimulus for the development
of the interior of the Colony ; and from that time forward
it was sufficiently manifest that West Australia was to enter
on a career of expansion similar to that of the remaining
States. The first time that the question of the division of
the Diocese was raised by high authority was in Bishop
Riley's charge to the Synod, dated December 5th, 1897,
Here he asserted that it was essential either that the Diocese
should be divided or that an assistant Bishop should be
appointed. In the succeeding Synods, the subject was
given a prominent place in the Bishop's charges.
In 1899 a proposal in many ways not unreasonable
was put forward by Dr. Harmer, the Bishop of Adelaide.
He suggested that a Province should be constituted, con-
sisting of the five Dioceses of Melbourne, Adelaide, Ballarat,
Tasmania, and Perth. Adelaide and Perth, which had been
formerly in the same Diocese, should now be in the same
Province. But the Bishop of Perth preferred to wait till
a Province could be formed, the limits of which were coter-
minous with those of the State. " I would rather," he said,
" wait for a time, which will not be long in coming, when
Western Australia becomes so populous that three dioceses
can be formed where only one now exists." 1 And Bishop
Riley's view won the day.
The first thing to do was to collect funds. In 1900 a
definite beginning was made. A sum of 2000 was soon
raised in the Diocese ; in 1903 this was augmented by -a
gift of 3500 from Mr. Walter Padbury, a generous layman
of the Diocese ; and as the result of an appeal three Home
Societies each voted 1000. In this way the required mini-
mum for the creation of the Diocese was obtained.
From the outset, the four dioceses into which the West
Australian Church is divided to-day were kept in view as
the goal ; the provisional boundaries fixed at the beginning
of the century have been almost exactly adhered to. In
1903, therefore, Bunbury was created a separate Diocese
with its present-day boundaries. The Perth Synod passed
" The New Diocese Statute " in 1903, and the Diocese was
thereby constituted. The full text is given in the Code of
Statutes of Perth (1914), to which reference has already been
1 Quoted Official Report of ist Session of Provincial Synod of Western
Australia, 1914. Perth, 1914.
WESTERN AUSTRALIA .129
made. It provided for the erection of a " Diocesan Synod,"
which was to " have and exercise in regard to the said Diocese
all authority, rights, and privileges which appertain to the
Synod of the Diocese of Perth." (Section 9.)
IV. THE SEE OF NORTH-WEST AUSTRALIA
Section 14 of the New Diocese Statute just referred to
provided that, until the creation of the Diocese of North-
West Australia, the Bishop of Bunbury should have " under
his Episcopal charge " " so much of the northern part of
West Australia as is comprised within the magisterial dis-
tricts of Ashburton, Broome, Gasgoyne, Kimberley East,
Kimberley West, Kimberley North-East, Pilbarra, and
Roebourne." The Synod of Perth could empower the Synod
of Bunbury to make resolutions and regulations for the
administration of these magisterial districts ; and the Bishop
could summon to his first Synod clerical and lay repre-
sentatives from them. Eight per cent of the Perth Sustena-
tion Fund was to be paid to the Bishop of Bunbury for the
stipends of clergy in the area.
Clearly the arrangement was only temporary. The fact
that there were greater prospects of financial support for
the proposed Diocese of North-West Australia than for that
of Kalgoorlie led the Church in the State to press the claims
of that Diocese. A fund was again started which, by 1908,
amounted to 2400. In 1907 the previous benefactor of
the Western Australian Church, Mr. Walter Padbury, died,
leaving some 30,000 for the benefit of the Church ; and the
Synod of Perth thereupon requested that the Trustees
should be asked to set apart from this bequest a sufficient
sum to make up the required total of 10,000. After a con-
tribution of 600 had been received from the Pan-Anglican
Offering, and the Home Societies had given a further sum of
3000, the balance of 4000 was granted from the Padbury
bequest. Thus the endowment of the See of the North- West
became an accomplished fact, and the Synod of Perth, by
the Northern Diocese Statute, 1907, established this Diocese.
This Statute, which, it will be noted, was passed two years
before the Diocese came into being, is similar to that con-
stituting the Diocese of Bunbury. Special provision, how-
ever, was necessary here on account of the small number
of clergy working in the Diocese ; it was thought impossible
to constitute a Diocesan Synod under those circumstances.
Accordingly, Section 5 determined that " the Diocese shall
130 THE AUSTRALIAN CHURCH
be organised with a Synod so soon as there shall 'be at least
eight clergymen licensed by the Bishop resident within the
Diocese/' Even in 1921 there were only six clergy working
in the Diocese; hence up. till the present day there is no
diocesan Synod in North- West Australia. It remains bound,
therefore, by the Acts of the Synod of Perth. 1
V. THE DIOCESE OF KALGOORLIE
The establishment of the Kalgoorlie (Goldfields) Diocese
remained, then, in abeyance. Up till 1910 less than 300
had been raised for its endowment. But from that year
onwards active steps were taken towards bringing this
Diocese into being. Its Constitution was even drawn up
by the Perth Synod under the title of " The Kalgoorlie
Diocese Statute " as early as 1910. A special appeal resulted
in 1500 being added by June 1911 to the Endowment Fund,
and this increased to 3200 by 1912. The Padbury Bequest
was again called upon to the extent of 3000 ; the S.P.C.K.
and Colonial Bishoprics Fund each gave 500 ; the S.P.G.
added 1000 ; and an English benefactor 500. In 1913,
the total sum in hand exceeded the 10,000 required, and
the Primate's stipulation, that a residence for the Bishop
should be provided was also met by the end of that year. 2
Accordingly, the new Bishop was duly elected, and con-
secrated in 1914.
VI. THE PROVINCE OF WESTERN AUSTRALIA
The General Synod of 1881 determined that at least
three dioceses were necessary for the formation of a Province. 3
It was therefore natural that a Province would have been
constituted on the creation of the Diocese of North-West
Australia in 1909. For this goal, Dr. Riley, the Bishop of
Perth, worked with all his might. The Statutes of North-
West Australia prepared the way as far as it was possible.
"So soon as three Dioceses shall have been formed in Western
Australia, then the Synod of each Diocese shall submit pro-
posals to the Primate for the formation of an Ecclesiastical
Province of which the Bishop of Perth for the time being
shall be Metropolitan" (Section 14).
On October 6th, 1911, the Synod of Perth passed a further
resolution, urging the formation of a Province. To this
resolution was attached a proposed Constitution for the
1 Northern Diocese Statute, 1907, Section n.
2 Cp. Proceedings of First Session of Provincial Synod 0/1914. Official
Report, p. 6. 3 Gp, General Synod Report, 1881, pp. 79-81.
WESTERN AUSTRALIA 131
Province. 1 This Constitution of the proposed Province
of Western Australia was duly accepted by the Bishop of
the Northwest, by the Bishop and Synod of Bunbury,
and by the Bishop and Synod of Perth ; and it was imagined
that the Province would come into being without further
delay.
But the creation of the Province was not such an easy
matter as might appear. The Primate raised objections
which blocked further proceedings. He decided that three
dioceses, only two of which possessed Diocesan Synods, were
inadequate material for the formation of a Province, and
consequently withheld his consent. To quote here his
words on the subject addressed to the General Synod of
1916 2 he stated : " One most difficult matter in which I had
reluctantly to act counter to strong local desires was con-
nected with the creation of the new province of- West Austra-
lia. According to Determination I, of Session 1881, it is pro-
vided that 'when the Bishop, Clergy, and Laity of three
or more Dioceses shall desire to be formed into a Province,
such desire being evidenced by Resolutions duly passed
by the Synod of the several Dioceses, they shall submit to
the Primate proposals and the Primate shall forthwith
bring such proposals before the Bishops of Australia and
Tasmania.' I was requested by the Bishops of Perth, Bun-
bury, and North- West Australia to bring a proposal for the
formation of a'Province of West Australia before the Bishops.
I had to point out that it was impossible for me to accede
to that request because the preliminaries required by the
Determination had not been fulfilled the Diocese of North-
West Australia being without a Synod. My action was
challenged, and a voluminous correspondence ensued, but
fortified by the best legal opinion that I could obtain, I
persisted in my refusal, being convinced that I had no right
to depart from the express provisions of a Determination of
the General Synod, even at the cost of differing from local
opinion. "
With the creation of the Diocese of Kalgoorlie, in 1913,
these obstacles, of course, were removed ; and in the next
year West Australia was duly constituted a Province,
consisting of the Dioceses of Perth, Bunbury, and
Kalgoorlie. 3
1 The Resolution, in amended form, may be found in Supplement to
Code of Statutes of Perth, 1914. a Cp. Official Report, p. 9.
3 The Provincial Constitution of Western Australia, in its amended
form, is given in the Supplement to the Code of Statutes of Perth, 1914.
132 THE AUSTRALIAN CHURCH
VII. THE POSITION OF NORTH-WEST AUSTRALIA
North- West Australia remained, and still remains, without
a Synod, on account of the small number of clergy which
it possesses.
It was clear that the Diocese should have some kind of
relationship to the Provincial Synod. Accordingly, on
September 8th, 1916, the following resolution was sent
to the Primate as President of the General Synod 1 " That
the Most Reverend the Metropolitan be respectfully re-
quested to enter into communication with the Lord Bishop
of North-West Australia with regard to the inclusion of that
Diocese in the Province, and with the consent of the Bishop
of the North-West, to present a petition on behalf of Pro-
vincial Synod to General Synod praying that the Diocese
of North-West Australia be added to and included in the
Province of Western Australia." 2 But the resolution was
without effect.
In 1921, a petition, dated August 30, on the same subject
was sent to the General Synod. 3 This time, the petition was
successful ; and General Synod passed on October loth, 1921,
the following resolution : " Whereas the Metropolitan of the
Province of Western Australia and the Bishop of North-
West Australia have presented to this Synod a Petition
praying that the Diocese of North-West Australia may be
added to and included in the Province of Western Australia
formed under Determination I, General Synod, Session 1881.
Now we the Bishops and Clerical and Lay Representatives
of the said Church in the Dioceses of Australia and Tasmania
do hereby sanction and direct that the boundaries of the
said Province shall be extended so as to include the Diocese
of North-West Australia which shall hereupon be included
within the Province of Western Australia and shall be in all
respects in the same position in the said Province as if it
had been originally included therein under the provisions
of the 4th and 5th Rules of Determination I, General
Synod, Session iS8i." 4
1 In the same letter, resolutions were also sent on the following
subjects (i) The Legal Nexus ; (ii) The Reform of General Synod ;
(iii) Entertainments on Good Friday ; (iv) Reunion.
2 Official Report of General Synod, 1916, p. 112.
8 The petition is given as Appendix 8 to the General Synod Report of
that year, p. 119.
4 General Synod Report, Appendix 19, p. 188.
WESTERN AUSTRALIA 133
THE COLONIAL CLERGY ACTS, 1874
EXCURSUS TO CHAFER XI
I. THE ACT 37 & 38 (VicT., CAP. 77)
THOUGH not strictly relevant to our subject, some refer-
ence may be made here to the Colonial Clergy Act of 1874.
The purpose of the Act was to regulate the ministrations
in England of clergy who had been ordained by colonial
bishops. Its chief provisions were the following :
" (i) That no such person shall officiate in England
without written permission from the Archbishop of
Canterbury (or of York, as the case may be), and
after making and subscribing a formal declaration.
" (ii) That no such person (having obtained written
permission from the Archbishop of the Province in
which he proposes to officiate) shall officiate as
Priest or Deacon in any Church or Chapel without
the consent in writing of the Bishop of the Diocese.
" (iii) That after acting as a Curate or holding Ecclesi-
astical preferment for a period or periods exceeding
in the aggregate two years, he may apply to the
Archbishop ' to issue to him a licence.' "
Delinquents were subject to severe penalties. " For
every offence, he shall forfeit and pay the sum of 10. The
incumbent of such church or chapel shall pay the like
penalty." The Act still remains in force.
II. OBJECTIONS TO THE ACT
It is fairly clear that the reason why the Act was passed
was the existence of a feeling in the Church at home that
many who were of insufficient intellectual attainments to
secure ordination from the Bishops in England might satisfy
the less rigid demands of the Colonial Episcopate. After
ordination, it would be possible, unless further legislation
were introduced, for such clergy to return to England ; and
there they would receive the same status and privileges as
those who had been ordained in England. Accordingly
there appeared to be ample justification for the Act at the
time when it was passed.
Since that date, considerable changes have taken place,
134 THE AUSTRALIAN CHURCH
the intellectual standard demanded by the colonial bishops
has considerably increased, while that demanded at home
has probably declined and certainly narrowed. The founda-
tion of the Australian College of Theology in 1891 has done
much to foster a higher standard of scholarship among the
Australian clergy ; and the Australian episcopate, though
not demanding that every candidate for orders shall pass
the examiners of that institution, has raised its demands at
least in the direction of that ideal. The consequence has
been that among the Colonial clergy there has been felt a
widespread dissatisfaction with the continuance of the
restrictions of the Colonial Clergy Act. Thus the General
Synod of Australia in 1916 x passed the resolution : " That this
Synod desires to bring under the notice of the Prime Minister
of the Commonwealth the legal disability imposed upon the
Australian Clergy of the Church of England by the Colonial
Clergy Act (37 & 38 Viet., c. 77), and urges him to take steps
to have the disability removed " ; and the Australian
Prime Minister forwarded to the English Prime Minister
a request that the Act should be repealed.
The resolution of the Lambeth Conference of 1920,
though less committal, is also significant. 2 " The Consul-
tative Body (i.e. of the Lambeth Conference) is asked to take
into its consideration the provisions of the Colonial Clergy
Act with a view to their modification."
The modification, however, is not quite such an easy
matter as it might appear, for the growth of a native clergy
in certain parts of the Anglican Communion naturally makes
highly desirable some such legislation as that provided for
in the Colonial Clergy Act ; and the amendment of the
present Act in such a way as to exclude expressly only the
native clergy would hardly be possible without causing
unnecessary offence. The alleged disabilities hardly exist
in practice, and at a time when the relations between the
English and Colonial Episcopates are working in an unsur-
passed harmony it seems inopportune to clamour for the
removal of what might in the future prove to be a valuable
safeguard.
1 Official Report, p. 46. 8 Ibid., Resolution 45 (p. 39).
CHAPTER XII
CHURCH PROPERTY AND STATE AID
I. EARLY TIMES
IN the early history of Australia practically all the
temporalities of the Colony were vested in the Governor.
And, if this was the case in general, still more so was it
in that of the Church, which, as we have seen, was directly
under the Governor's thumb. The Home Government was
quite clear on the point. By virtue of an Order in Council,
dated December 6th, 1786, provision was made for the
building of churches, and the granting of lands for Church
purposes ; and confirmation of this order was given by the
instructions dated April 25th, 1787, to Phillip, before he
sailed. "It is further," so these instructions state, " our
royal will and pleasure that you do by all proper methods
enforce a due observance of religion and good order among
the inhabitants of the new settlement, and that you do take
such steps for the due celebration of publick worship as cir-
cumstances will permit." 1 And, elsewhere, definite powers of
granting land " to any person or persons upon such terms
and under such moderate quit-rents, services, and acknow-
ledgments to be thereupon reserved unto us according to
such instructions as shall be given to you under our sign
manual " were conferred upon him. 2
Before long, more definite instructions were issued, for
in that year he was informed : " It is Our further Will and
Pleasure that a particular spot in or as near each town as
possible be set apart for the building of a church, and 400
acres adjacent thereto allotted for the maintenance of a
minister and 200 for a schoolmaster." 3
It would appear that as soon as the Governor had received
these instructions, he made the necessary grants of land,
which was hardly a task of great difficulty. But, as no
1 Historical Records of New South Wales, Vol. I, Part II, p. 90.
3 Ibid., p. 66. (In Phillip's Commission, given here in full, pp. 6.1-67.)
8 Ibid, p., 259. - .
135
136 THE AUSTRALIAN CHURCH
provision was made for their cultivation, the lands, needless
to say, were of no immediate use. Writing home in 1792,
Johnson wrote, " Upon the arrival of the Juliana, in June,
1790, his Excellency told me that 400 acres were to be
measured out as Church ground. This was measured out
at that time, but, to this day, he has not been able to let me
have any help to cultivate it, neither has there been so much
as a tree fallen upon it. I cannot suppose the Government
meant for me to use axe or spade myself, but this I have
done day by day, otherwise, bad as my situation is, it would
have been still worse. I mention this circumstance, being
aware that the sound of 400 acres will appear great. But
what, sir, are 400 or 4000 acres full of large green trees,
unless some convicts be allowed to cultivate it ?
"I did not come here as an overseer, or as a farmer, I have
other things more, much more important to attend to." 1
Still less was any provision made for the erection of
churches on the lands so granted. In the same letter he
wrote, " I have to perform Divine Service at three different
places, viz. at Sydney, Parramatta, and at a Settlement
about three miles to the westward of Parramatta, and at
never a one of these places is" there, to this day, any place
of worship erected, nor so much as talked of. The last time
I preached at Sydney was in the open air. On the nth inst.
we could not have service at all because of the rain. Next
Sunday, if the weather will permit, we shall assemble in an
old boat-house, close by the river side ; the sides and ends
quite open. . . . Last spring, there was the foundation of a
church laid at Parramatta. Before it was finished, it was
converted into a jail, or a lock-up house, and now it is con-
verted into a granary. Have had this place to perform Divine
Service in for several Sundays, but now am again turned
out, and must again turn field preacher there also." As we
have seen, when eventually a church was erected in 1793,
it was the Chaplain who had to bear the expenses for it.
II. THE FIRST CHURCH BUILDING
Phillip's successor, Governor Hunter, certainly took greater
interest in the material welfare of the Church than his
predecessor had done. The injunctions about setting apart
lands for Church purposes were repeated in his Commission.
Indeed, they would appear to have been repeated in all
the early Governor's Commissions ; for we find identical
i J. Bonwick ; Australia's First Preacher, pp. 88 f, .
CHURCH PROPERTY AND STATE AID 137
words in the instructions issued to Brisbane, dated February
5th, I82I. 1
Two years before Hunter's appointment, Johnson had
written to the Under-Secretary of State (Henry Dundas),
urging that more adequate provision be made for the building
of churches. 2 His appeal was unavailing, and the country
was much too excited about the French War to take any
cognizance of a letter from a chaplain of a far-distant
criminal colony ; and what is more, Major Grose had mis-
represented Johnson, against whom he had great personal
animosity, to the Home Government, a fact which alone
would have nullified any of the chaplain's chances of hearing.
Johnson, therefore, determined to appeal to the new Gover-
nor, and addressed to him a similar letter to that to the
Under-Secretary of State just mentioned. 3
Hunter saw that something must be done. In the same
year, he wrote to the Secretary of State, the Duke of Port-
land, that " this Colony has now been a long time established
without a proper building for the clergy to perform divine
service in, which is a disgrace to us as a Colony." 4 Wilber-
force, too, supported the appeal at home. 5 The result was
a dispatch to Hunter from Whitehall, dated 3ist January,
1797, which contained these words " If you are satisfied
that Mr. Johnson's account of the expenses he has incurred
in the erection of a temporary place of worship is correct,
I see no objection to your disbursing him the amount by
a bill on the Lords Commissioners of the Treasury." 6
The principles laid down in the original Order in Council
of 1786 were thus carried into practice, and they continued
to determine the building of churches in the Colony for
over twenty years.
III. THE CORPORATION OF THE TRUSTEES OF
CHURCH AND SCHOOL LANDS
The Commission to Brisbane 7 of February 5th, 1821,
followed the same lines as those of his predecessors. He was
1 Historical Records of Australia, Vol. X, Series i, p. 602.
J In a letter of September 3rd, 1793. Historical Records of New South
Wales, Vol. II, pp. 64 f. Given also in an Appendix (Document Q).
8 Dated, December loth, 1795. Historical Records of New South Wales,
Vol. II, pp. 341 f. It is given also in J. Bonwick, op.cit., pp. 220 f.
4 Historical Records of New South Wales, Vol. Ill, p. 350.
5 Bonwick, op. cit., pp. 222 f., which gives a letter of Wilberforce to
Dundas.
Historical Records of New South Wales, Vol. Ill, p. 192.
f Historical Records of Australia, Vol. X, Series i, pp. 596-603,
138 THE AUSTRALIAN CHURCH
empowered to provide for the reservation of Church Lands
and to make the usual grant of 400 acres for the purposes
of the Maintenance of a Minister (Section 18). Four years
later, it was proposed 1 to erect a Church Trust, invested with
the necessary powers and legal qualifications for the purposes
of the ownership of Church Lands. This body was to be
created to make " an adequate provision for the support of
the Clergy of the Established Church of England throughout
the Colony and Church " (Section 18) . The Corporation was
to consist of the Governor as President, the Lieutenant-
Governor, the Chief Justice, and the members of the Legis^
lative Council for the time being, the Archdeacon of New
South Wales, the Colonial Secretary, the Attorney- and
Solicitor-General (Section 18). At an early opportunity,
a charter of incorporation is to be granted to these persons,
" investing them with power to manage the Lands to be
appropriated to the maintenance of the Church and the
Education of Youth in New South Wales" (Section 19).
Section 20 is somewhat astounding by reason of the liberality
of the grants to be invested in the Corporation ; it must be
quoted in full : " It is proposed to invest the Corporation
with an estate in each County into which the Colony is to
be divided. That estate will, as nearly as may be, lie in one
continuous and unbroken tract ; when this shall prove
impracticable without serious injury or inconvenience to
private settlers in the County, the Clergy, and the School
Estate may be alloted in seperate [sic] tracts, bearing,
however, in mind the necessity of breaking this property into
the smallest possible number of divisions. These lands, to
be called the Clergy and School Estates, will comprize [sic]
one-seventh part in extent and value of all lands in each
County. It will, therefore, be a peculiar and important part
of the duty of the Commissioners of Survey and Valuation
to mark out in each County the Clergy and School Estate.
The lands thus to be set apart must be of an average quality
and value in reference to the general value of the lands
comprised in the County in which each particular allot-
ment may be made ; and they must select such situations
as may afford a reasonable and equal share of all those natural
advantages of water carriage, or other internal communica-
tion, which may be possessed by the lands in general through-
out the County ; you will accordingly issue very particular
1 In a letter of Bathurst to Brisbane, dated January ist, t825. His-
torical Records of Australia, Vol. XI, pp. 434-454.
CHURCH PROPERTY AND STATE AID 139
directions to the Commissioners for their guidance in making
these allotments, and you will require them to make a
special and distinct report in reference to the survey and
valuation of each County, pointing out with all possible
precission [we] the particular tracts appropriated for the
Clergy and School Estates of the County. ' '
It was not, however, till March gth, 1826, that the letters
Patent were actually issued, constituting the Corporation of
the Trustees of Church and School Lands. 1 They followed
substantially the proposals made to Brisbane in 1821. The
Governor was to be President as originally proposed, but
the Archdeacon was to be exofficio the Vice-President. The
Corporation was also to number among its members the
nine Senior Chaplains. 2 It was vested with the power of
appropriating lands up to the extent of 20 acres for the pur-
pose of the erection of churches. 3
For the purposes of the maintenance of the Church, the
lands already set apart were to be held administered by the
Corporation. 4 Only the Church of England was provided for,
since, as we have seen, 5 there was a definite movement on
foot at this time to give official recognition to the Church of
England alone. Provision was also made for the payment
of stipends to clergy and officials and for the future erection
of a bishopric. 6
It may be pointed out here, that in spite of the creation
of this new Trust, the Archdeacon still remained, in the terms
of his Letters Patent, a " body corporate." Hence it was
possible for those who desired to bequeath lands to the
Church to have a greater security for the permanent fulfil-
ment of their wishes than would have been the case if the
property were vested in the Trustees.
IV. THE DISSOLUTION OF THE CORPORATION
The Corporation was not destined to live long. In 1831,
General Sir Richard .Bourke, a Peninsular veteran, 7 was
appointed Governor. He saw that some change was
essential. For it was quite impossible with the rapid
development of the Colony to continue the lavish grants
which the Charter of the Trustees ordered. And, furthermore,
1 Historical Records of Australia, Vol. XII, Series I, pp. 125 f.
" Additional Instructions to Governor Darling." The text of the Letters
Patent, apart from the slight alterations there referred to, is to be found
in Vol. XI, pp. 444-454. a Ibid., Vol. XI, p. 445.
8 Bid., p. 453. * Ibid., p. 452. 5 Supra, p. 33.
6 Ibid., p. 451.
7 He was a relative of Edmund Burke.
I4P THE AUSTRALIAN CHURCH
it was clear that some provision should be made for other
denominations than the Church of England ; for they were
completely outside the scope of the Trustees' Letters
Patent. Bourke's demand for full religious equality 1 had
the support of the Home authorities. Accordingly, steps
were soon taken to bring about the dissolution of the Cor-
poration. An Order in Council was issued on February 4th,
1833, whereby His Majesty " did dissolve and put an end
to the said Corporation." 2 In the .same year, an Act was
passed by the Colonial Parliament to carry the dissolution
into effect. 3 All property and funds in the possession of the
Trustees were now vested in the Crown. A Board, of which
Broughton was a member, was appointed on August 20th
of the same year, to adjust all claims of and against the said
Corporation. 4 Gradually the property was disposed of. The
process appears to have taken a considerable time, for as
late as December 7th,-' 1841, a notice occurred in The
Sydney Gazette and New South Wales Advertiser, announcing
that certain estates which had originally belonged to the
Corporation would be put up for auction.
V. SIR RICHARD BOURKE'S CHURCH ACT, 1836
An Act, 5 which is generally known as "Sir Richard.
Bourke's Church Act " provided for the payment from the
revenues of the Colony of a sum to be divided annually
between four religious bodies. 6 It was to be applied to the
purposes for the erection of Churches, Chapels, and Ministers'
dwellings, and towards the payment of stipends. Grants of
Crown Lands, generally two acres in extent, were also to be
made to the Church of England and the other religious bodies.
A further Act, dealing with the properties of the Church of
England, was passed in the next year (i837). 7
1 Bourke's views are clearly set forth in a letter written at a later date
(September soth, 1833) to Stanley. The letter, which has been referred to
above (p. 62), is given as a Document G.
a Privy Council Register, William IV, No. 214 (p. 17). .This Order in
Council is given as a Document R. 8 5 William IV, No. n. -
4 Sydney Gazette and New South Wales Advertiser, Tuesday, August
agth, 1833.
8 The Act is 7 William IV, No. 3. It is entitled " An Act to_promote
the Building of churches and chapels and to provide for the maintenance
of Ministers of Religion in New South Wales." Cp. James Macarthur :
New South Wales, Its Present State and Future Prospects (London, 1837,
D. Walther, publisher), pp. 233-248.
8 The Church of England ; the Church of Rome ; the Presbyterians ;
and the Wesleyans.
7 This Act is 8 William IV, No. 5. Entitled "An Act to regulate the
temporal affairs of churches and chapels of the United Church of England
and Ireland in New South Wales."
CHURCH PROPERTY AND STATE AID 141
VI. THE COLONIAL BISHOPRICS FUND
It was clear that the grant made by the Legislature would
be quite inadequate to meet the needs of the Church. Ex-
ternal assistance was absolutely essential. Already the
Church at home had privately notably through the
S.P.C.K. and S.P.G. subscribed large sums for the work of
the Church in Australia. A further source of the necessary
revenue was the newly-established " Colonial Bishoprics
Fund," 1841, which appears to have owed its creation to a
letter of Bishop Blomfield of London, to the Archbishop of
Canterbury on April 24th, 1840. To this fund the S.P.C.K.
and the S.P.G. gave 10,000 and 7,500 at the time of its
inception ; and the fact that amongst its foremost advocates
was Mr. W. E. Gladstone assured it of wide support. This
fund was a constant source of revenue for the Australian
Church. 1 -
VII. ABOLITION OF STATE AID
From this date (1841) onwards the policy of the Govern-
ment tended definitely in the direction of the abolition of
all State Aid to the Church. Naturally the dates at which
such support ceased were different in the different Colonies
which had been created in the forty years of the middle of
the century. Thus, in New South Wales, it was in 1862 ;
in Tasmania, in 1869 ; and in Victoria, in 1871 ; it is
interesting to note, that in Victoria, where the connection
between Church and State was closest, the financial support
continued to the latest date.
But before this abolition was brought about, there is
several years' history to be interpolated. More than once,
the proportionate division of the sums in the dioceses was
changed. For a long time the 1841 census was taken as the
basis, because it seemed more representative. It was pro-
posed to make this last representation permanent, siince
continual readjustment would appear to open the door to
proselytism, with its attendant dangers. Thus, one con-
temporary' wrote : " Such efforts (i.e. of propagating one's
own form of faith) would be ascribed, however unjustly, to
other motives than the disinterested desire for the pro-
pagation of truth or of supposed truth, and a spirit of
competition and rivalry would be excited, which every
1 Between 1841 and 1890 inclusive, the Council received a total sum of
^991.388, and was instrumental in providing for 67 new Dioceses.
a Quoted Sweetman : Australian Constitutional Development, p. 376.
142 THE AUSTRALIAN CHURCH
devout member of each of these Churches would earnestly
deprecate."
The New South Wales Act, " An Act to provide for the
Abolition of State Aid to Religion," was finally passed in
1862, though only by a majority of two votes in a House of
sixteen members. 1 Section 2, the central provision, asserted
that " no stipend or allowance whatever shall be paid out
of public moneys after the passing of this Act to any minister
oi religion not then in receipt of such allowance." That the
measure was regarded with grave apprehension by those
interested in the welfare of religion was only natural. Mr.
Justice Therry, in the book often referred to, regarded the
measure as nothing less than a betrayal of trust towards
those who had hitherto helped to build up the Church in
the belief that this assistance would be indefinitely continued.
It is very tempting to quote Therry at great length ; but a
few passages must suffice, to give the views of this pro-
minent judge on the subject. " It is not an easy matter to
name a civilised community less fitted for the adoption of
the ' voluntary principle ' than that of New South Wales.
It is quite compatible with the friendly disposition the
author entertains towards the people of New South Wales
to abstain from the language of adulation, in giving them
credit for virtues to which they may assert but a doubtful
claim. It would be an untenable assertion to predicate of
them that, as a people, they are so deeply imbued with the
religious element as to favour the presumption that suitable
support for the clergy will be supplied from voluntary
contribution.
" Unlike the emigrants who formed the American Colonies,
and who left their native land to plant, on a foreign shore,
a faith they believed to be pure and true, the colonists of
New South Wales are composed of very different materials.
. . . Many have emigrated for the sole purpose of profit in
sheep-farming, the pursuit of gold, and other objects of
material prosperity ; and they, as a class, certainly have not
manifested a very zealous interest in the advancement of
religion. In the hands of these two classes, forming a
considerable section of the whole population, lies much of
the wealth of the colonists ; and, unless some new-born zeal
arises amongst them, there is much reason to apprehend
that the ministers of religion, on the ' voluntary principle/
will find that they, in New South Wales, who serve the altar
1 It is 26 Vic., No. ig, of the New South Wales Statutes.
CHURCH PROPERTY AND STATE AID 143
cannot live by the altar." 1 "The 'voluntary principle'
can only prosper where it is sustained and cherished by the
willing hearts of a whole people ; but to introduce it into a
community where a minority will give freely, and a majority
niggardly, or not give at all, is alike inefficacious, impolitic,
and unjust. . . . The repeal, it is believed, is opposed to the
wishes of the majority of the people." 2 He urges further,
that the other religious bodies had still more to lose than
the Church of England. "In proposing to withdraw
pecuniary aid from religion, the merit of dealing with all
denominations equally is claimed for the recent measure.
This alleged equality is, however, but a delusion as is
obvious from the fact that the Church of England is hand-
somely endowed with Glebe and other lands its Head
assured of an independent income of 2000 a year, secured
to him and his successors in perpetmm on Glebe property." 3
The corresponding Tasmanian Act entitled " An Act to
provide for the Commutation of the sum of 15,000 a year
reserved by ' the Constitutional Act for Public Worship in
Tasmania, 1862,' " 4 was passed in 1868, and received the
Royal Assent in the following year. The Church in the
Colony, however, was not left absolutely desolate. Immedi-
ately after the passing of this Act, the Attorney-General,
Mr. W. L. Dobson, brought in another Bill, which provided
for the Church in Tasmania an endowment of a lump sum
of 100,000 in debentures, and stipends of all clergymen
belonging to the State-paid denominations who had vested
interests at the time of the passing of the Bill. After a
lengthy debate the Bill passed the House of Assembly by
a majority of one, and in the Upper House by 8 votes
against 5. This Act was entitled " The State Aid Commuta-
tion Act," and the debentures were delivered July ist, 1869,
to the governing authorities of the favoured Churches for
sums as follows :
Church of England . . 58,466 13 4
Church of Rome . . 23,106 13 4
Church of Scotland . . 7,866 13 4
Wesleyans . ' . . . 7,333 6 8
Free Church of Scotland . 2,806 13 4
Jews . . .. . 420 o o 5
1 Therry, op. cit., p. 480.
z Ibid., pp. 481 f, 8 Ibid., p. 483.
4 Acts of Parliament of Tasmania, No. 30, 1868.
6 James Fenton : History of Tasmania, p. 333, London, 1884.
144 THE AUSTRALIAN CHURCH
The Victorian Act to provide for the Abolition of State
Aid to Religion 1 did not receive the Royal Assent till January
6th, 1871. It provided for the abolition of grants after the
lapse of five years ; and also laid down that all lands granted
by the State for Church purposes should be retained as the
property of the several denominations.
In South Australia, which had been granted ari indepen-
dent Legislature in 1834,2 a majority vote of the Legislative
Council decided to discontinue all State support to the
Church in 1851. In this way the vote of 500 a year, which
the South Australian Government made early in 1847,
came to an end. 3
In West Australia, State Aid did not cease till 1895-. In
that year the Legislature passed " An Act for the Termina-
tion of the Parliamentary Ecclesiastical Grant." The
following payments were to be made to each of the respective
denominations from the Consolidated Fund :
To the Church of England . . 20,042 5 o
Roman Catholics . . 10,085 17 6
Wesleyans . . . 3,686 14 2
,, Presbyterians . . . 1,615 3 4
35,430 o o
These payments were to be " in lieu of the said Ecclesiastical
Grant, and the said Grant shall from and after the passing
of this Act wholly cease." 4
VIII. ENGLISH Am
The withdrawal of State Aid from the Church meant that
it was no longer possible for her to pursue her career without
further support from the Home Country. This help came
chiefly through the different missionary societies, as we have
seen. The chief contributors were the S.P.G. and the
S.P.C.K., though liberal grants were also made by the
Colonial and Continental Church Society and, to a less
degree, the C.M.S. Between the years 1793 and 1900 the
S.P.G. gave a total of 253,598, and in the period 1820 to
1 34 Vic., No. 391. The Victorian Statutes. The Public and Private
Acts of Victoria, Vol. VI, Part IX, p. 527. Melbourne, 1890.
3 Cp. p. 35.
8 Cp. Whitington : Augustus Short, pp. 78, 80.
4 The complete text of the Statute may be found in Code of StatuteSj
Diocese of Perth, 1907. Published at Perth, '""
CHURCH PROPERTY AND STATE AID 145
1898 the S.P.C.K. a sum of 86,440. For the purpose of the
creation of new dioceses, as we have seen, large grants were
available from the Colonial Bishoprics Fund. But there were
also such supporters as Baroness Burdett-Coutts, as well
as the Societies who came forward in time of need.
In recent years, however, the Australian Church had be-
come less and less dependent financially on the Home
Church. The Societies find too many urgent calls on their
funds from other parts of the world to be able to disburse
large sums to a prosperous Commonwealth like Australia.
That the Church must be self-supporting is now generally
recognised. But to say this does not mean that the Aus-
tralian Church has ceased to receive support from the
Mother Country. Support is given generously, but usually
through private individuals^ The fact that many of the
Australian bishops, as well as some of the clergy, are still
drawn from the ranks of the Church at home, is, at any
rate financially, a considerable asset to the Church in the
Commonwealth. Some of the Bishops consecrated for work
in more sparsely populated dioceses of the Commonwealth
make provision for some support from England for the work
which they are to take up. It is, however, natural that, as
the majority of these contributions are of a personal nature,
it is extremely difficult to determine their amount.
CHAPTER XIII
THE GENERAL SYNOD
I. INTRODUCTORY
THE history of the Australian Church is reflected in
the history of the Commonwealth. Originally, the
unity between the different settlements was practi-
cally nothing more than a geographical unity. Different
Colonies were founded at different points around the coast-
line ; and though attempts were made to bring about a
certain unity of legislation, with its centre in Sydney, the.
scheme never worked effectively ; and it was only the
natural course of events when almost complete disintegration
ensued in the middle of the century, and the several Colonies
were granted independent Legislatures. In more recent
years, of course, a Federal Government has been established
in the Commonwealth. But the mutual jealousies of the
different States rendered the task no easy one, as is seen in
the necessity for the creation of the Federal Capital. And
it is, moreover, significant that the Commonwealth unity
finds expression in what is termed a " Federal Government,"
that is, a Government which is composed of a federation,
rather than a union of the individual States.
Exactly so with the history of the Church. After the
epoch-making Conference at Sydney in 1850, 1 the bishops
returned to their dioceses ; but as we have seen, each bishop
carried out the proposals in such a way as seemed best to
his own individual judgment. The co-operation between
them was almost negligible. Each made his own journeys
to England to consult the Home authorities. But the time
came when the bond which united the Church to the Home
Country, was, in fact, if not in theory, weakened, mainly
because of the growth of each Colony and the greater
measure of self-support of the Church which ensued.
It was only natural that in such circumstances the Church
1 The Bishop of Goulbourn (New South Wales) recently said to me that
this Conference was " the pivot on which the whole subsequent history of
the Church in Australia turns.'-
146
THE GENERAL SYNOD 147
in Australia should attempt to settle its affairs by co-
operation between the various dioceses, rather than by
continual reference to the Mother Church. The General
Synod was the logical result of these strivings. But, as we
shall see, as in the case of the civil history, a federation,
rather thaii a union, was arrived at ; and the Church in
Australia was organized, till recently, in principle, and to a
still larger degree, in practice on an extension of the congre-
gational system. 1
II. EVENTS PREPARATORY TO CONFERENCE
Two events of great importance preceded the establish-
ment of General Synod. The first was a recommendation
of Convocation of Canterbury in 1860, the second was a
resolution of the Pan-Anglican Synod of 1867.
i. The recommendation of Convocation referred to
affirmed that " There seems to us to be special need of
combined counsels to maintain in unity the Church as it
extends. That by a regular gradation .of duly constituted
Synods, all questions affecting unity might be duly settled ;
Diocesan Synods determining all matters not ordered by
the Synod of the Province ; Provincial Synods determining
all matters not ordered by a National Synod ; a National
Synod ordering all matters not determined by a General
Council. Unity with necessary variety might thus be secured
to our spreading branch of the Holy Catholic Church." 2
ii. The resolution of the Pan-Anglican Conference ran,
" That, in the opinion of this Conference, unity in faith and
discipline will be best maintained among the several branches
of the Anglican Communion by due and canonical sub-
ordination of the Synods of the several branches to the
higher authority of a Synod or Synods above them." 3
III. CONFERENCE AT SYDNEY, 1868
In the consecration of the new cathedral in Sydney on
St. Andrew's Day, 1868, seven of the Australian bishops
took part* 4
1 The Church Assembly does not refer back the measures passed by
that body to the Diocesan Conferences as it is incumbent on the General
Synod to do, when it has passed a ". Determination." When the new (1926)
Constitution comes into operation, the position will be somewhat modified.
2 Session XVI. June 8th, 1860. Upper House, p. 293, Cp. p. 717.
The Chronicle of Convocation of Canterbury.
3 Resolution IV. (The Five Lambeth Conferences, 1867-1908, p. 54).
4 Barker, of Sydney ;/ Short, of Adelaide; Perry, of Melbourne ;
Tyrrell, of Newcastle ; Tufnell, of Brisbane ; Thomas, of Goulbourn ;
Bromby, of Tasmania. ;
148 THE AUSTRALIAN CHURCH
They did not fail to use the opportunity afforded for
holding a Conference which sat from November 23rd to
December ist. Their discussions were not limited to the
question of the formation of a General Synod, as the follow-
ing list of topics 1 reveals :
i. The Present Relation of the Church of England in
the Province of Australia to the Church at Home
and the Best Mode of Maintaining such Relation.
ii. The Mode in which Colonial Bishops should be
appointed.
iii. The Constitution of a General Synod and its
Functions.
iv. The Constitution and Functions of a Tribunal of
the General Synod and of a Council of Reference,
v. Tribunal for the Trial of a Bishop.
vi. Oath of Canonical Obedience.
vii. Resignation of Cures.
The proceedings did not run as smoothly as might have
been hoped ; and differences of opinion arose on the extent
to which the Church in Australia should attempt to remain
bound by the decisions of the English Church. The jealou-
sies of the different dioceses manifested themselves; for
Bishop Barker of Sydney on no account wished his diocese
to lose the honour of possessing the Metropolitan See which
the Letters Patent professed to give it. 2 But at length
agreement was reached, and all the bishops affixed their
signatures to the recommendations.
The 3rd and 4th Sections deal especially with the Consti-
tution of the proposed General Synod. The Synod is to
consist .of the Bishops and representatives of the Clergy
and Laity of the several Colonies. Proposals are put
forward for the convening of a Conference to determine the
Constitution of the General Synod : " The object of such
General Synod should, in our opinion, be, to maintain the
relation of the Church in the Province of Australia to the
United Church of England and Ireland, both at home and
in the various Colonies ; as well as to secure unity of
dgctrine and discipline between the several branches of the
Church in that Province."
As its authorized functions, the following are laid down
i. To constitute a Metropolitan Court of Appeal.
1 Derived from the. Minutes of the Conference, Document S.
* Cp. Wbitingtori, op. cit,, pp. 194 f.
THE GENERAL SYNOD 149
ii. To frame general rules for the formation of new
Dioceses and Provinces.
iii. To make rules for the confirmation and due con-
secration of newly-elected Bishops,
iv. To communicate with the authorities of the Church
at Home and in the various Colonies on all matters
relating to the general well-being of the Church,
v. To consult upon any matters which may be brought
before the Synod affecting the well-being of the
Church in the Province ; and to frame regulations
thereon, such regulations to take effect in the
several Dioceses, from and after the Session of each
Diocesan Synod, to which they have been com-
municated, provided that they be not, and so far
only as they are not, disallowed by either the Clergy
or the Lay Representatives of the Diocesan Synod
in such Session.
vi. To take measures for promoting inter-communion
between the Church in the Province and other
Reformed Episcopal Churches.
This list is hardly to be regarded as complete, since " it
appears to some of us that more directly controlling powers
in the General Synod are, judging from ancient usage,
essential to the complete organisation of the Church."
A whole section (the fourth) is devoted to the Constitution
and Functions of a Tribunal of the General Synod. " There
should be, in all cases in which any question of faith or
worship is involved, a right of appeal from the decision of
any Bishop or of any Diocesan Tribunal within the Province
of Australia, to a higher Tribunal, which should be consti-
tuted by the proposed General Synod." This Tribunal is
to be composed of the Metropolitan (or some other Bishop
appointed by him) ; of two other Bishops ; and of two
laymen learned in the law. It is suggested that a " Council
of Reference be appointed in England as a court of higher
appeal, since it is doubtful if it would be possible to carry
an appeal to the Judicial Committee of the Privy Council."
On this Court of Reference, the Archbishop of Canterbury,
or his representative, should serve.
Another section (the fifth) proposes that a Tribunal shall
be appointed for the Trial of Bishops.
A concluding resolution recommended that copies of the
Minutes should be sent to all the Anglican Bishops both at
home and in the Colonies.
I5o THE AUSTRALIAN CHURCH
IV. THE RECEPTION OF THE PROPOSALS
The proposals of the Conference were received with great
satisfaction in the respective dioceses. In fact, the powers
eventually proposed for the General Synod were so restricted
that there was very little to which exception could be taken.
In the Diocese of Victoria, for example, at a Conference held
soon afterwards, the following resolutions were passed :
i. " That it is desirable that there should be consti-
tuted a body, having the character of a General
Synod, for the entire Province of Australia, as
mentioned in the Conference of the Metropolitan
and bishops of the United Church of England and
Ireland in the Province of Australia, held at
Sydney, A.D. 1868."
ii. " That such Synod should consist of the clergy and
laity of the Church in the several colonies comprised
within such Province."
hi. "That the following (names to be hereafter in-
serted) should be the representatives of the clergy
and laity for the Church in Victoria." 1
V. THE FIRST GENERAL SYNOD
It was on October loth, 1872, that the Conference for
which recommendations were issued in 1868 finally met.
Bishop Tyrrell, writing of it, says : 2 " Ten Bishops were
present ; five from New South Wales, and the Bishop of
Adelaide, the Bishop of Melbourne, the Bishop of Tasmania,
the Bishop of Brisbane, and the Bishop of Perth : and, on
an average, about three Clerical and three Lay Repre-
sentatives from each Diocese ; many of them really able
men, especially Sir William Stawell, the Chief Justice at
Melbourne." In spite of much diocesan jealousy, the Bishop
of Newcastle was able to describe it as " a most delightful
meeting " ; 3 and, referring to the Metropolitan's opening
address, to say that it " set the example of that truly
Christian tone which was happily preserved throughout ;
notwithstanding some serious differences of opinion respect-
ing the authority to be given to the Synod over Diocesan
Synods." 4 Two days were spent in settling the Constitu-
tion ; and, when this was done, the members formally
1 Quoted in Goodman, op. cit., p. 382. z Boodle, op, cit., p, 258,
8 Ibid. 4 Ibid.
THE GENERAL SYNOD 151
resolved themselves into a General Synod under the terms
of the Constitution drawn up.
This Constitution, apart from some minor amendments,
is that by which* the General Synod is still bound. In its
original form, it is to be found among the Documents
(Document T) on p. 271. The original document, which
contains fourteen clauses, is prefaced by a Preamble, the
only interest of which is, that reference is made to the
" Church recently styled the United Church of England and
Ireland, and now styled the Church of England in Australia
and Tasmania." 1 The Bishop of Sydney, for all purposes
of this Constitution, is to be known and designated as
Primate (Clause i).
The General Synod is to consist of two Houses, namely,
the House of Bishops and the House of Representatives ;
these Houses shall sit together, but vote separately (Clause
3) . The latter House is to be elected on a somewhat detailed
scheme of Proportional Representation (Clause 4). "A
period of not more than 5 years shall elapse between the
ordinary meetings of the General Synod, but the Primate
may at his own discretion and shall at the request in writing
of a majority of the other Bishops of the said Dioceses
summon a Special Meeting of the General Synod " (Clause 5) .
The Primate, or, in his absence, the senior Bishop, is to fill
the office of President (Clause 6). The General Synod
has power to make Determinations about the following
matters :
i. The constitution of an Appellate Tribunal and a
Tribunal for the trial of Bishops.
ii. The framing of general rules for the formation of
new Dioceses and Provinces.
iii. The making of rules for the confirmation and due
consecration of future Bishops and the election or
appointment of future Primates.
iv. The communicating with the authorities of the
Church in England and in the various Colonies on
matters relating to the general well-being of the
Church.
v. The taking of measures for promoting inter-
communion with other Reformed Episcopal
Churches so far as is consistent with the principles
of the Church of England.
1 The Irish Church was disestablished as from May ist, 1871, by 32
and 33 Vic., cap. 42. Hence the change in name.
52 THE AUSTRALIAN CHURCH
vi. The regulating of the relations of the Church to
other branches of the Church of Christ.
vii. The promoting of the cause of Home and Foreign
Missions in the Church.
viii. The consulting upon any matters which may be
brought before the Synod affecting the well-being
of the Church and framing regulations thereon.
And then follows the most important regulation of all :
" Provided always that no Determination of the General
Synod shall be binding upon the Church in any Diocese
unless and until such Determination shall be accepted by
the Church in such Diocese, and the mode of accepting in
any Diocese the Determinations of the General Synod shall
be laid down by the Church in such Diocese " (Clause 8).
Changes in the representation may be made if the General
Synod shall so determine (Clause n). Clause 14 deals more
explicitly with changes in the Constitution. In 1905 an-
other Clause (15), which deals with the inclusion of British
New Guinea, was added,
VI. THE CONGREGATIONAL PRINCIPLE
How far was the Synod to be a federation and how far a
unity ? This was the great problem. It reflected the whole
question as to the relation between the Church and the
Churches. Congregationalism has always upheld the one
ideal ; Catholicism the other. And, on the appeal to
primitive history of the Church, opinions have been equally
divided. The one view was held by the famous Bampton
Lecturer of iSSi, 1 the other view by the equally famous
Bampton Lecturer of igao. 2
As we shall see, the General Synod came down on the
side of Congregationalism. But this did not take place
without considerable dissatisfaction at the time, and
expressions of regret later.
One of the chief opponents of the Congregational principle
laid down in Clause 8 of the Constitution was Bishop
Tyrrell. His biographer tells us that he maintained that,
in points which came under its authority, it should be
supreme over the Diocesan Synods ; but he forbore to press
this point, because the Melbourne Synod, which was legalized, t
1 E. Hatch ; The Organization of the Early Christian Churches, Bamptou
Lectures for 1 881.
2 A. 0. Headlam : The Doctrine of the Church and Christian Reunion,
Bampton. Lectures for 1920.
THE GENERAL SYNOD 153
had sent its Representatives pledged not to assent to any-
thing which would give controlling power to the General
Synod ; and, as a man of honour, SirW. Stawell felt himself
bound not to vote for giving it such power, even though he
was convinced that it ought to be given. The Bishop says :
" I then asked whether I might depend upon his using his
influence in the Melbourne Synod to bring about such a
change of opinion and requirement; so that when the
General Synod met again I might expect that the Melbourne
Representatives would be prepared to support the measure.
He replied ' Certainly ' ; that he himself quite agreed with
me, even now, and expected that the Melbourne Synod
would, before five years had passed, be of the same, opinion.
At all events, he would do his best to bring about such a
change of opinion ; and would never again allow himself
to be placed in the very undesirable position of being
obliged by a promise previously given to oppose what he
himself believed to be best. With this I am quite satisfied,
as the Sydney and Goulbourn Bishops and Representatives
were all pledged in the same way. And I have hopes that
the next General Synod, when it meets, will have its proper
authority given to it, with binding power over the different
Diocesan Synods, within the clearly defined sphere of its
action, For this should ensure the proper liberty of the
Diocesan Synods : not the limiting 'the authority of the
General Synod, but clearly limiting the sphere of its
action.' " x This somewhat lengthy extract is given to show
that even as early as the first General Synod there was a
strong current of feeling that the ideal had not been
attained.
VII. LATER OPINION ON THE CONGREGATIONAL
PRINCIPLE
From the date of the first Synod onwards objections have
been urged against the Congregational principle in the
General Synod's .Constitution. Many examples might be
given. Thus Bishop Bromby of Tasmania, in his last
pastoral charge, " expressed his regret, through absence
from the last General Synod, at missing the opportunity of
renewing his protest against the fundamental and fatal flaw
in the Constitution of that, body its not claiming binding
force for its Determinations, but submitting them to the
Dioceses for approval. He hoped that the Provincial Synods,
1 Boodle, op. cit,, pp. 258 f;
i
154 THE AUSTRALIAN CHURCH
whose creation is contemplated, would avoid this radical
defect. If so, he prophesied that the formation of Provincial
Synods, rightly constituted, would involve the decay of the
General Australian Synod." 1 A more recent expression of
the same feeling is to be found in a Pan-Anglican Congress
Paper of 1908. 2 Canon (now Bishop) Stephen writes :
" The present needs of the Anglican Communion suggest
more cogent reasons for a central authority. And on this
point we may pay special attention to the Church in
Australia. There is a danger connected with our ecclesi-
astical legislation which at no very distant date may become
serious. Our synods are composed of both clergy and laity.
The standard of theological education is not always very
high. The feeling of freshness and independence connected
with a new country causes an imperfect sympathy with
tradition. Reverence for antiquity and appreciation of the
importance of historic continuity are not marked features in
the majority of our members, and as the number of those
trained in an English atmosphere naturally decreases, there
is a tendency to pay too little attention to the teachings of
the past. It is possible then that in a Diocesan Synod a
resolution or act may be passed which is in conflict with the
doctrine or practice of the Catholic Church. As an illustra-
tion we may mention the fact that a resolution in favour of
marriage with a deceased wife's sister has already been
passed by a Diocesan $ynod, and such eccentricities of
opinion may find more frequent expression. At present
there is no safeguard provided by our system. On Catholic
principles the Diocesan Synod would be subject to the
Provincial Synod, and the Provincial Synod to General
Synod of Australia. But in Australia some Dioceses are auto-
cephalous, and even those which are grouped in Provinces
are not always under authority. In the case of two out of
our three Provinces, the Diocese is supreme and can reject
provincial legislation. And as far as the General Synod is
concerned every Diocese is independent and is only bound
by the Determinations of the higher body if it chooses to
accept them. It is obvious that our system of chartered
anarchy is a strong argument in favour of establishing a
central authority." It would hardly be possible to put
1 Quoted Whitington, op. cit., p. 195.
2 " The Anglican Communion in relation to its parts." By Rev. Canon
Stephen, Melbourne, Australia. Pan-Anglican Papers, 1908. S.F. in, h.
Canon Stephen was until recently Bishop of Newcastle, New South
Wales.
THE GENERAL SYNOD 155
more clearly the case for a more centralized basis of Consti-
tution.
VIII. LATER MEETINGS OF THE SYNOD
The Synod has continued to meet regularly since 1872,
and Reports of its proceedings are published. That of 1876,
which has been described as " a very barren and disap-
pointing one," 1 ratified the 1872 Constitution. It also
passed a Determination, containing rules for the formation
of New Dioceses 2 and for the election of Bishops to such
Dioceses. The third Synod of 1881 made some important
determinations. The Primacy was permanently attached to
the See of Sydney ; 3 a scheme was adopted for the formation
of Provinces, the election of Metropolitans, and the con-
ferring of the title of Archbishop subject to the approval of
the Lambeth Conference ; Determinations were made on
the Constitution of Provincial Synods ; 4 and a Determination
was designed to regulate the trial of Bishops. 5 The Determi-
nations of the later Synods were on substantially the same
lines. It does not appear to matter of which year we turn
up the proceedings ; we invariably find a large amount of
the discussions and the Determinations devoted to tedious
questions concerned with its Constitution. The impression,
it must be confessed, is at times produced that the General
Synod is more concerned with maintaining its rights than
with exercising them a fact which may betray its con-
sciousness of its own impotence. As an example of a later
General Synod, I select that of I905. 6 The first Determi-
nation is a " Determination to provide for the Final Passing
of a Determination to provide for an Addition to the
Constitution of the General Synod." The second is con-
cerned with rules for the Confirmation and Consecration of
Bishops. The third deals with the election of a Bishop of
Carpentaria. The fourth and fifth provide for the formation
of the Diocese of New Guinea, and its inclusion within the
Province of Queensland. The sixth treats of Bishopric
Endowment funds. The seventh provides for the creation
1 Whitington, op. cit., p. 198. a Document U.
8 Determination I of the General Synod of 1900 took the Primacy away
from Sydney as of right. It made the rule that when the Primacy becomes
vacant, one of the Archbishops (not necessarily that of Sydney) is elected
Primate. The General Synod of 1910 slightly amended this Determination,
and drew up rules for the mode of election (Determination VI, 1910).
But up till the present date, Sydney has always been the Primatial See.
4 Document V.
5 Cp. Proceedings of the General Synod Session, 1881. Passim,
9 Cp. Proceedings of General Synod Official Report, pp. 197-218.
156 THE AUSTRALIAN CHURCH \
of an " Australian Clergy Provident Fund." The eighth
returns to the old theme ; it is headed " Rules to alter the
Constitution of the General Synod." The ninth contains
"Amended Rules for the Constitution of the Board of
Missions." The tenth gives "Rules for the Election of
Metropolitan." The list closes with the theme of the first
and the eighth : it is a " Rule to provide for the Approval
of the Synod being given to certain alterations of the
Constitution."
. A CRUCIAL CASE
At the 1916 Session there were certain alterations made in
the Constitution of the General Synod in reference to the
method of representation of clerical and lay members. 1
Doubt arose as to how far this change in the Constitution was
legally justifiable. To grasp the intricacies of the situation,
it is necessary to find in such problems the fascination which
attaches to a game of chess. It is quite impossible to discuss
here either the problems or the opinions obtained from the
eminent counsel to whom they were submitted. They will
be found printed on pp. 99-106 of the General Synod Official
Report for 1921. The mairi difference of opinion arose from
the method of procedure rather than from the principles
involved; the promoters of the measure insisted upon the
form of internal " Rules."
The opponents contended that a change in the Constitution
was involved, and that the only valid method was to proceed
by Determination. General Synod, however, passed the
Rules purporting to change the representation. Subse-
quently, the question was referred for the opinion of
eminent lawyers, including Lord Phillimore, and they all
declared the " Rules " to be an invalid form of procedure.
The Measure was re-introduced as a Determination in
the General Synod of 1921, passed at that Session, accepted
by two-thirds of the dioceses, and finally embodied in the
Constitution at the Special Synod of December 1923.
Under this change in the Constitution, the representation
of a large city, such as Sydney, is increased by 300 per. cent,
and that of a country diocese, such as Goulbourn, is reduced
by 30 per cent.
The character of this study has naturally led us to be
concerned mainly with the constitutional aspect of the
1 The differences between the two Constitutions may be seen by
comparing Document T with the amended Constitution in H. L. Clarke,
op, cit.,pp. 109-113.
THE GENERAL SYNOD 157
General Synod ; and viewed from this standpoint, we see
the General Synod at its weakest. But its inherent constitu-
tional defects have not prevented its achieving in practice
sufficient good work to justify both its creation and its
existence. If it has been unable effectively to legislate, it
has at least been of service for mutual co-operation ; and
there has been a considerable number of its most important
Determinations which have received almost universal
approval from the dioceses. A glance at the table of its
legislation sufficiently indicates this.
Within the ambit of its powers the General Synod has
created three bodies of considerable service to the Church in
Australia I
i. The Australian College of Theology. Although this is
substantially only an " examining " body it has contributed
materially to the raising of the standard of clerical education.
It has been also of material assistance to Diocesan Bishops
in dealingwith the qualifications of postulants of Holy Orders.
ii. The Australian Board of Missions. This body has
co-ordinated and stimulated the work of the Church in the
sphere of Foreign Missions, and missions to the heathen
generally, particularly to the native races of the Pacific.
iii. The Australian Clergy Provident Fund. This fund
is now well established on a sound actuarial basis. It has
afforded, particularly to the smaller and poorer Dioceses,
a valuable means of providing for the superannuation of
clergy in their old age or when disabled by sickness. Apart
from these three specific instances, the work of General
Synod has not been negligible. Until it dealt with the
subjects of episcopal appointments and to the creation of
dioceses, these questions were left either undetermined or
vested at most in the Diocesan Synods. In the case of a
vacancy, a diocese could elect its own bishop, without any
reference to or control by the Church at large ; and dioceses
could subdivide without any sanction by higher authority.
Provision has been made under the existing Determinations,
requiring the appointment of a Bishop to be confirmed by
the other bishops of the Province; and dioceses and
provinces can be created only in accordance with prescribed
rules, which at least retard even if they do not ultimately
prevent, hasty or ill-considered action.
In spite, therefore, of the illogicalities in its constitution,
General Synod has functioned in a manner which has been
not without gain to the Church in Australia.
CHAPTER XIV
THE LEGAL NEXUS
I. INTRODUCTORY
IN the preceding chapters an attempt has been made
to outline the more significant features in the history of
the Australian Church Constitution. We cannot fail
to be impressed by the fact that the growth was one dictated
at every turn by external circumstances, by the attitude of
the State, by the individual ideas of the different bishops,
by the differing conditions of each diocese. If we search for
the working out of fixed principles, inherent in the Church
from the beginning, we shall search in vain. No one, indeed,
who knows the facts of the history would ever attempt
to embark on such a search. In biological language, the
growth has been one determined mainly by environment, and
only to a small extent by heredity. Circumstance, hot
principle, has been the leading factor in the Australian
Church's Constitutional development.
Such being the case, there is room for doubt as to the
principles which govern that Church even at the present
time. How far is the Church bound by the State in the
different Colonies ? How far is the bond of union in those
states possessing Church constitutions with the basis of-
legislative enactment stronger than in those with their
basis in consensual compact ? And, above all, what of the
relation to the Church at home ? On all such questions
there is some diversity of opinion, even among those who
are fully competent to give opinions.
But such doubt as to the question de facto is very small
compared with the differences on the questions de jure.
Assuming that the questions are settled as to the actual
bond of relationship which exists in each case, there arises
the question as to whether, and if so, how far, a change is
desirable ? The recent history of the Church has shown an
ever-growing demand for greater freedom for self-determina-
tion, and consequently a weakening or even abolition of those
158
THE LEGAL NEXUS 159
legal bonds by which she has been fettered. The history of
this movement will be the subject of this and the following
chapters.
II, THE " LEGAL NEXUS "
That there is at least some legal bond of attachment
between the Church in Australia and the Church at home is
evident; and it is hardly less evident that the bond is
closer in those Churches organized on the basis of " legisla-
lative enactment " than on that of " consensual compact."
This bond is known as the " legal nexus." It is primarily with
a view to its removal that the Church in Australia is at
present seeking powers. If the nexus is removed, then the
Australian Church will have, for example, that freedom to
revise its Prayer Book which is possessed by the Canadian
and Scotch Churches. It must, however, be noticed at the
outset that the whole question is largely academic. There
appears, as a matter of actual fact, to be little felt need of a
revised Prayer Book in the Commonwealth, nor, indeed, of
any other change which the Australian Church is hindered
from bringing into effect in virtue of the " legal nexus."
But, as we have seen above, the Australian Church has
always been partial to discussions on matters of ecclesiastical
legislation; and the present position with regard to the
'* legal nexus " gives its members plenty of opportunity to
exercise this interest. 1
III. THE BEGINNINGS OF THE MOVEMENT FOR
AUTONOMY
The movement to secure complete autonomy for the
Church in Australia was set on foot more than thirty years ago.
The subject was before the General Synod in 1890. It was
obviously desirable that any attempted solution of the
theoretical and practical problems relative to the " legal
nexus " should be tackled by that Synod. At that time the
proposal was strongly resisted by those who feared that it
.would mean separation from the Church of England, and the
same alarm has been raised repeatedly by the opponents of
Autonomy. It is necessary, very briefly, to recapitulate.
The Church in South Africa, as a result of the Colenso Case,
by its Constitution (adopted by its Provincial Synod in
1870) asserted its independence of the decisions of the
?. Questions relative to the " legal nexus " are discussed in the Australian
Church newspapers with an ardour comparable with that exercised in our
own sacramental discussions.
160 THE AUSTRALIAN CHURCH
English Courts and set up its own tribunals. In 1882 a
Privy Council Judgment decided that this action of the
Provincial Synod had severed the " legal nexus " between
the Church of England and the Church in South Africa.
To allay the fears of those who supposed the " legal nexus "
a vital necessity, and that the loss of it might mean a breach
with Canterbury, Archbishop Jones, of Capetown, wrote
to Archbishop Tait asking whether the spiritual " nexus "
between England and South Africa was affected by the break-
ing of the legal bonds. Archbishop Tait replied: "No
changes which have taken place irj the Church over which
you preside have in any way separated it from full com-
munion with the Mother Church of England." Some years
later Archbishop Benson wrote even more emphatically in
the same sense. He said : " I cannot conceive that there is
any flaw in our spiritual unity ; that any Church in the world
can be in union with us if you are not, or that any condition
of our law or of your Constitution could make the spiritual
bond closer."
The Church in Australia lags behind the Church in Canada
and South Africa in regard to such local autonomy. She is
bound by the " legal nexus." Apart from legal inability
to sever it, a great amount of opposition has been raised to
it, and not from one party only in the Church. It has often
been confused with that spiritual nexus or bond of union
with the Mother Church which finds its expression in the
Lambeth Conferences and in a continual consciousness of the
realization of a common history and a common life. This
bond is just as strongly and deeply felt and cherished in the
free and independent Canadian Church as it is in the
Australian Church.
IV. THE GENERAL SYNOD OF 1905
As a preliminary to a full consideration of the question
from the legal standpoint the General Synod of 1905 passed
the following resolution : " That the three Archbishops and
the Bishop of Perth be a Committee to consider what is the
legal nexus- of the various Dioceses in Australia and Tasmania
with the Church of England in England ; to obtain legal
opinion in the Commonwealth and in England ; to consult
with the Archbishop of Canterbury ; and to report to the
respective Bishops in the Dioceses of Australia and
Tasmania." 1 The motion which was proposed by the Bishop
1 General Synod Report, 1905, No. 349, p. 76.
THE LEGAL NEXUS 161
of Graf ton and Armidale, would appear to have been
occasioned by a request from the Synod of the Diocese of
Sydney. 1
V. THE CASE SUBMITTED
In the 1910 General Synod Report the results of the work
of the Committee up to that date are given. The Report of
the Committee is printed as an Appendix to the Synod
Report of that year. 2 This document is prefaced by a
statement that legal opinion is being sought in the Home
Country, though no reply had as yet (Oct. nth, 1910) been
obtained. It was signed by the Archbishops of Sydney,
Melbourne and Brisbane. 3 The case opens with a highly
valuable historical survey of the chief events in the civil
and ecclesiastical legislation of the different Australian
Colonies. Then followed ten questions which were sub-
mitted to the English and Australian counsel. In view of
their importance we give them together with the answers
from the English and Australian Counsel in the next sections. 4
VI. THE REPLIES
The English reply () is signed by Arthur Cohen, Robert
Cecil, and A. B. Kempe, and dated June 20th, 1911, the
Australian reply (A] by Adrian Knox 5 and J. Musgrave
Harvey. 6 There is general agreement in the answers to all
the questions, though differences in detail largely owing to
difference in the interpretation of the questions themselves,
are discoverable. We will consider the questions in turn.
i. What is the effect of the Letters Patent purporting to
confer jurisdiction and mission in view of Imperial and
Colonial legislation?
Both are agreed that Letters Patent are no longer of any
validity (cp. pp. 73 f.). Thus A quoting re Bishop of Natal
3 Moc., P.C., N.S., at p. 151, states that " at the present
time, the letters patent in question have no legal effect, but
1 General Synod Report, 1910, p. 91.
2 Appendix XII, pp. 90-106.
3 Not, however, by the Bishop of Perth, who was, according to the
1905 Resolution, also to be a member of the Committee.
4 They are to be found in a small pamphlet entitled Legal Nexus, Case
with opinion, n.p.d. ; and in the General Synod Report, 1916, Appendix I,
PP.. 57-86. ~
* Now (1928) Chief Justice of Australia.
8 Now (1928) a Puisne Judge of New South Wales.
162 THE AUSTRALIAN CHURCH
title bishops depend upon consensual compact for their
election and their Sees."
2. How far do the South African cases cited apply to the
Church of England in Australia and Tasmania? See
In re Jenkins, Law Reports, 2 P.C.
Both are agreed that, in so far as they are applicable to
the conditions of the Church iri Australia and Tasmania, the
South African cases apply equally to those Churches.
3, To what extent does the law of the Church of England bind
the Bishops, Clergy, and Laity and persons holding
property in trust for Church of England purposes or
similar purposes in Australia and Tasmania ?
It is necessary to determine what the expression " the
purposes of the Church of England " actually means (E).
But it is clear that doctrinal unity with the Church as it is
in the Mother Country is implied. Thus A quotes the
Merrhnan v. Williams case, 7 A.C., p. 507 : " One thing which
their Lordships conceive to be necessary for establishing
such a connection between the Church of England and
another Church is a substantial identity in their standards of
faith and doctrine. Where the other Church is that of a
Colony possessing an independent Legislature, there must be
differences, as, for instance, in the appointment of bishops
and in the erection of Courts, such as necessarily result from
the difference of political circumstances in which the Church
of England and the other Church find themselves placed.
There may probably be other differences which yet might be
too slight to work a disconnection, and which need not now
be considered." The Courts in Australia so A continues
having to see that the charitable trusts in question are
properly carried out, enquire what are the trusts. Those
trusts are declared by reference to the state of things in the
Church of England in England. It appears to us that techni-
cally it would be necessary to put in evidence here any decision
of the English Courts bearing on the points in dispute,
including even decisions of the Privy Council. E not un-
reasonably declines to give a definite opinion on the ambigu-
ous implications of the words " similar purposes." Where
property is held in trust " for Church of England purposes
or similar purposes," such similar purposes not being further
defined by the instrument creating the trust, it would be
for the Colonial Court to determine whether any particular
use of the property was or was not a use for a purpose
THE LEGAL NEXUS 163
similar to the purposes of the Church of England as ascer-
tained according to the principles above laid down. It does
not appear to us that any general statement can be made as
to what would or would not be regarded as " a similar
purpose,"
4. How far would the proviso for interpretation and meaning
set out in Clause 5 of the Constitution of the Diocese of
Brisbane be applied by a Civil Court in any of the
Australian States in the decision of any action brought
before such Court ?
(a) Arising within the Diocese of Brisbane.,
(b) Arising within the Diocese of Rockhampton.
(c) Arising in a Diocese not constituted by consensual
compact.
Neither of the counsel discriminates between the three
cases which were propounded, namely, the Diocese of
Brisbane, the Diocese of Rockhampton, and any diocese
not constituted by consensual compact. Both of them refer
back to their answers to the previous question. In cases of
property (for which alone the civil authority would interfere)
the Colonial Courts would be bound to decide the question
'' in conformity with any judgments, orders, and decrees
relative thereto, given or made in any English Court, or any
Court of Law in Great Britain, or any Judicial Committee
of the Privy Council " (E). Consequently a provision such
as that referred to in the question is really irrelevant and
unnecessary (E). In illustration, A refers to Free Church
of Scotland v. Overton, and Bishop of Natal v. Gladstone,
3 Eq. at p. 36.
5. I sit competent for,
(a) Any Diocesan or Provincial Synod, or
(b) The General Synod to pass any Canon, Ordinance
or Determination altering or contravening any and
what part of the Ecclesiastical law of the Church
of England or the Liturgy or formularies of such
Church?
Here again both are agreed that the essential question is
that of the possession of the Church's properties. Apart
from this question, however, the Church can pass any Canons,
or Determinations that it desires, and these will be binding
on its members " regarded as a Voluntary association " (A).
As regards property, however, writes E, " we do think
that, under the present constitution of the various dioceses
164 THE AUSTRALIAN CHURCH
in Australia and Tasmania, it is not competent for any
Diocese, unless authorized to do so by further legislation of
the State in which it is situate, to adopt any Canon, Ordin-
ance, or Determination, the effect of which would be to
deprive them of such right. If any attempt were made to
effect such deprivation the Civil Courts would interfere to
protect the persons so deprived." 1 A thinks, however, that
certain minor modifications " the Court might consider
to be so slight as to be immaterial, or to be the necessary
outcome of its non-political status," but it does not instance
any cases which might be so considered.
6. -How far it is competent for
(a) A Diocesan Bishop,
(b) A Metropolitan,
(c) The Primate of Australia,
(d) An Episcopal Synod
to permit the use of services not provided by the Book of
Common Prayer ?
Both refer here to the famous " Act of Uniformity Amend-
ment Act of 1872." " At first sight," says A, "it seems an
obvious answer to say that no legislation in England in
1872 could affect the position in the self-governing Colonies,
or that at all events the trusts are to be ascertained once and
for all at the date of the declaration of trust, the interpretation
of which is in question." But, " Where property has been
settled by a benefactor or otherwise for the purpose of the
Church of England, it appears to us that in default of any
distinct declaration to the contrary in the declaration of
trust the Court might very well assume the intention to be
that the Church in England and Australia should continue
to move side by side, and that any alteration of practice
properly made in England should be followed in Australia."
E is of the opinion that, even if its provisions have no
application to the Church in Australia, " it would be open to
any Diocesan Synod to adopt the provisions of that Act
without any violation of the law of the Church of England."
7. Would the granting of permission to use such services
render any Bishop or Archbishop guilty of an offence
under the Determination of General Synod relating to the
trial of Bishops ?
1 To illustrate, E quotes the following cases : Craigdallie v, Aikman,
2 Bligh, 539-541 ; Milligan v. Mitchell, 3 My. & Cr. 72 ; Forbes v. Eden,
L. R. i Sc. App. 568 per Ld. Cranworth at p. 581 ; Free Church of Scotland
v. Lord Overtoh (1904), A.C. 515.
THE LEGAL NEXUS 165
To this question, both E and A reply in the affirmative,
though with a restriction concerning changes in accordance
with the Act of Uniformity Amendment Act 1872.
8. If it is not competent for any Synod to pass such Canons,
Ordinances or Determinations as are mentioned in
Question 5, would the effect of legislation so passed be
merely null and void as ultra vires, or would it destroy
the connection with the Church of England P See Merri-
man v. Williams, 7 App. tas., p. 484.
Such an alteration, according to both E and A would be
ultra vires and illegal. Both are agreed, too, that if the
synod of a diocese passed unanimously such legislation,
then the property would have to be administered by the
Civil Courts and devoted to other purposes in accordance
with cy-pres doctrine. " The vote of a mere majority,"
continues E, " would not, however, produce this result. The
minority, however small, would be entitled to continue the
use of, the churches and other property in accordance with
the terms of the Constitution, and their Church would
continue part of the Church of England (General Assembly
of the Free Church of Scotland v. Lord Overton (1904),
A.C. 515), though practical difficulties would no doubt be
experienced if the Bishop formed a part of the majority.
If the majority attempted to use the churches and other
Church property in accordance with the altered legislation,
the Civil Courts, as indicated in our answer to Question 5,
would restrain them."
A is of the same opinion.
9. Would it be competent for
(a) Any Australian State,
(b) The Commonwealth
to give legislative authority, to the Dioceses within the
respective ambits of their legislative powers for the
altering and amending of the Book of Common Prayer or
Other formularies without interfering with the present
relations between the Church at Home and abroad ?
E replies in the negative. " We do not think that it would
be competent for the Commonwealth to give such authority.
Its powers are given and defined by the Statute 63 and 64
Vic., cap. 12, and that Statute contains no provisions which
could be regarded as conferring such authority." Yet minor
alterations might be sanctioned. " If the authority thus
conferred were acted upon by any diocese so as to effect
166 THE AUSTRALIAN CHURCH
such an alteration as would substantially exclude portions
of the faith and doctrine of the Church of England, then that
diocese would cease to be ' in connection with the Church of
England.' (Merriman v. Williams, 7 A.C., 484.) Apart from
questions of property, which in the case supposed would not
arise, it is difficult to see what practical results would ensue
from such a severance of connection unless it were of such a
nature as to constitute a breach of communion."
Property which was held in England for the purposes of
the Church of England would, however, be liable to forfeiture.
With these conclusions A is in agreement.
VII. A SUMMARY OF THE GENERAL POSITION
The last question submitted was :
10. Generally as to the status of the Church of England in
Australia and Tasmania ?
The answer given to it by the English Counsel appears
to me to be such a clear and accurate description of the
present position of the Church in Australia that I cannot
refrain from quoting it in full. " The Anglican Churches in
Australia and Tasmania are all organised upon the basis
that they are not merely Churches ' in communion with ' or
' in connection with ' the Church of England, but are actual
parts of that Church. In most of the States this status is
recognized by Statute, and we think that in all it must
be taken that this is their actual status. (Bishop of Natal v.
Gladstone, L.R. 3, Eq. i.) It accordingly appears to us that,
in all of them it is an essential part of their Constitution
that they are subject to the same laws as are binding on that
Church in England, save in matters which, owing to differ-
ence of political circumstances, must ex necessitate be subject
to different conditions from which exist in England. Accord-
ingly in all matters of faith and doctrine, including conformity
in public worship with the Book of Common Prayer, the
Church in Australia and Tasmania must be regarded as
regulated by the same standards as are in force in England.
As the Church of England in Australia and Tasmania is not
' established by Law/ and those Colonies are self-governing,
so that the Crown has no power to grant coercive powers
there to the tribunals of that Church, it has been necessary
for the members of the Church to constitute tribunals for
enforcing discipline within their body, the decisions of which
will be binding on those who expressly or by implication
THE LEGAL NEXUS 167
have assented to them. The tribunals constituted for this
purpose, even where the State has not expressly empowered
their establishment (as has been done, e.g. in Tasmania by
22 Vic., No. 2, Sec. 4), are lawfully constituted, and the
decisions of any one of them ' will be binding when it has
acted within the scope of its authority, has observed such
forms as the rules require, if any forms be prescribed, and
if not has proceeded in a manner consistent with the prin-
ciples of justice/ But ' the tribunals so constituted have no
power of their .own to enforce their sentences ; they must
apply for that purpose to the Courts established by law,
and such Courts will give effect to their decisions as they give
effect to the decisions of arbitrators, whose jurisdiction rests
entirely upon the agreement of parties.' Being tribunals
appointed by bodies, which, by their constitution, are part of
the Church of England, it would be their duty to decide in
accordance with the law of the Church of England as laid
down by the English Courts and the Judicial Committee,
and if they did not do so, and rights of members of the Church
of England to have the use of their churches and the minis-
trations of their clergy in accordance with that law were in
consequence affected, the Civil Courts, if appealed to,
would, subject to local legislation governing arbitration,
interfere to restrain them and to protect those rights."
I
CHAPTER XV
THE DRAFT BILL
I. INTRODUCTION
N 1916 a resolution was passed by General Synod 1
appointing a Committee for the following purposes :
i. To consider whether the existing legal position of the
Church in Australia, as declared by the Counsel to
whom the subject was referred, 2 is satisfactory as a
permanent basis for Church fellowship.
if. To send to all the Diocesan Bishops interim Reports
on their investigations..
iii. To present a proposed statement as to the terms on
which satisfactory conditions of fellowship should be
based.
iv. To report in detail upon the steps which should be
taken to make such a basis of fellowship operative
and effective.
A Committee was appointed consisting originally of the
Primate, the Archbishops of Melbourne and Perth, five
other bishops, thirteen other clerical members and twelve
lay members. This Committee, to which other members were
later co-opted, met on thirteen different days between the
Synod of 1916 and that of 1921, and about the beginning
of 1921 forwarded a Report to the Primate. This Report
may be found in the Official Report of the Synod of 1921,
pp. 130-138.
II. THE COMMITTEE'S REPORT S
The Committee reported that " in its opinion the existing
legal position of the Church in Australia and its relation
to the Church in England and to the Anglican Communion
is not satisfactory as a permanent basis for Church fellowship
within Australia, or for corporate fellowship with the Church
of England and with other branches of the Church Catholic
1 Official Report, pp. 36 f. * Cp. the preceding chapter.
8 For the Committee's Report, see Document X.
168
THE 'DRAFT BILL 169
in communion with the Church in England" (Clause i).
Clause 3 sets forth seven reasons " why the present position
cannot be regarded as permanently satisfactory " ; " these^
are of varying weight, and there is an explicit statement
that these reasons are not regarded by all members of the
Committee as of equal urgency, nor does each member of
the Committee necessarily accept each reason set forth as
affecting his decision upon the primary question." 1 The
Committee attempts to dispel " the fear in some minds lest
the provision for the wider exercise of autonomy in the
Church in Australia would lead to a breach with the Mother
Church."
In Clause 5 it is pointed out that there are " two strongly
contrasted courses of action" open to the Committee.
These were,
(a) To submit a Draft of a new Constitution for the
Church in Australia with revised standards and
formularies of faith and order.
(6) To recommend the obtaining of amendments in our
Constitution Acts under which the^ Church readopts
all its existing standards and formularies, but makes
provision for ,the exercise of power as need arises for
making such variations in the name and style of the
Church and the standards and formularies of faith
and order as may be agreed to by the Synods of
the Church under safeguards such as the Report
instances.
The Committee, it is very important to notice, urged (&)
against (a). The majority of the remainder of the Report is
devoted to the enumeration of what are, in the Committee's
opinion, the necessary amendments. Reference should be
made to the Appendix for its contents.
The Committee, however, was not unanimous on all
points. Five members of the Committee (Archdeacons
Boyce and Davies, Sir Albert Gould and Messrs. W. J. G.
Mann and H. M. Taylor) sent in another Report, known as
the Minority Report, 2 in which they urged criticisms of the
Majority Report in what they conceived to be " serious
fundamental matter." The main burden of their criticism
was that under the proposals of the Majority Report " it
would be competent to make such complete and drastic
1 Official Report, p. 131.
3 Official Report, 1921, General Synod, pp. 139-141.
170 THE AUSTRALIAN CHURCH
alterations " in the standards and formularies of the Church
of England "as to change entirely the whole character of
the Church. It would be possible, for instance, to deal
without limitations with such momentous matters as the
creeds, Communion in both kinds, and Episcopal Ordination,
and to pass such Synodical legislation as would in effect
create a new Church in place of the present body known as
the Church of England." 1 There was the feeling that the
proposed constitution would not give adequate representa-
tion to the Dioceses with larger populations. It is note-
worthy that both the Archdeacons who signed, as well as
Mr. W. J. G. Mann, were representatives at the 1921 General
Synod of the Sydney Diocese ; the fear of this Diocese that
the proposed changes would destroy its traditional leader-
ship in the Australian Church manifested itself once again.
III. THE GENERAL SYNOD OF 1921
At the session of the General Synod of 1921, the question
of the Constitution naturally occupied the central place.
The Report of the Committee appointed in 1916 was received;
and the Primate, in his Presidential Address 2 gave it his
support, at least in general terms. The proposal, he in-
sisted, " carries consequences that may vitally affect our
Church life of the future," and he expressed the hope that
the reception of it would be favourable. "It is only as
regards points of detail," he continued, " both in procedure
and in organization (very important, however, in them-
selves and in their relationship to the whole), that I reserve
to myself the right to dissent." The Synod passed a
Determination which expressed dissatisfaction with the
present legal position of the Church of England in Australia.
This Determination 3 included a request which was to be
made to the Parliament of each State in the Commonwealth
for the passing of an Act which should permit of the reten-
tion of public and private ecclesiastical properties under
the proposed new constitution. After this Determination
had passed its second reading, it was purposely proceeded
with no further. Second resolutions 4 were passed on October
nth, referring the Committee's Report and the Determina-
tion just mentioned .jto the individual Dioceses for their
consideration. The Dioceses were requested to appoint
diocesan committees to consider these documents, which
1 Official Report, 1921, General Synod, pp. 139 f.
8 Ibid., p 44. 8 Ibid., pp. 14.3 ff, Ibid., pp. 145 f.
THE DRAFT BILL 171
should report to the respective Diocesan Synods ; and then
to forward their suggestions to the central committee not
later than July ist, 1923. They were also requested to
submit to the central committee preliminary drafts of the
legal enactments (if any) which they recommend to be
submitted to their respective Legislatures not later than
January ist, 1924. A Central Committee, the member-
ship of which was nearly the same as that of the 1916
Committee, was appointed. Its duties were to be "to
receive the suggestions from the respective Dioceses, to
correspond with such Dioceses, and to corroborate and
codify such proposals as may be received, and finally submit
to the Dioceses a uniform document which in its judgment
most nearly expresses the common mind of the Church in
Australia." Not later than September ist, 1924, this
Document was to be referred back to the several dioceses
for final consideration.
IV. THE CENTRAL COMMITTEE'S MEETING,
NOVEMBER 27111, 1923
The Central Committee appointed by General Synod met
at Sydney, on November 27th, 1923, under the presidency
of the Primate. Twenty-three members of the Committee
attended. After a full consideration of many aspects of the
question the following resolutions proposed by the Bishop
of Bathurst were carried unanimously : l
" i. This Central Committee appointed by General Synod
to confer and report upon the extension of the powers of
Management and Government of the Church in Australia
and Tasmania, being assembled on the 27th November,
1923, to consider replies from the several Dioceses required
under resolution of General Synod to have been forwarded
not later than ist July, 1923, resolves ;
' That as the replies forwarded by the several Dioceses do
not furnish material suitable for welding into a common
Constitutional document but do manifest a general desire
for more general and more detailed consideration of the
Constitutional powers and position of the Church in a
Conference or Convention specially summoned for that
purpose, it is desirable to report to the Dioceses that the
Central Committee has requested the Primate to summon a
Special Convention for the consideration of the Constitution
1 See Official Report, 1926, General Synod, pp. 82 f,
1-72 THE AUSTRALIAN CHURCH
of the Church prior to the date at which he would ordinarily
summon General Synod to meet in the year 1926.
Also that the Committee undertakes in consultation with
the Bishops and their Constitutional advisers to have
prepared such Constitutional documents as may appear to
meet the further needs of the Church in Australia and to
circulate such documents among the members elected to
the Convention about three months prior to the date of
meeting. Such documents to be considered by the Conven-
tion and the result of such consideration remitted to the
Dioceses with a view to further action.'
The Central Committee realises that this procedure differs
somewhat from the form laid down in the resolutions passed
by General Synod, but considers that the circumstances of
the situation dictate this course as being likely to prove
more helpful generally to the Church and as best fulfilling
the spirit of the instructions given to the Central Com-
mittee."
" ii. That in reply to the Primate's request for suggestions
as to the composition of the Special Convention, this Com-
mittee begs to suggest that the Primate request the Bishops
to convene representatives from their Dioceses to the same
number as they would convene representatives to a Session
)f the General Synod."
V. THE DRAFT BILL
The -Draft Bill eventually saw the light at the beginning
of 1926, was submitted to and passed by a Convention held
from October I2th-2ist of that year, and then placed before
and passed by the meeting of the General Synod which
followed immediately after. Needless to say, the Bill was
.necessarily in a provisional form. Its face differed consider-
ably at the end of October 1926 from that which it.possessed
at the beginning of that month. What I propose to do in
this chapter is to consider the Bill, section by section, in
its original form, 1 and to state its more important proposals ;
1 The original form of the Draft Bill which was published at the
beginning of 1926 was slightly modified long before the Constitutional
Convention sat. The regulations on the Provincial organization were
slightly altered ; and this not later than June 25th, 1926, as a reference to
the Church Standard for that date (pp. 6 and 9) indicates. The Draft Bill,
which is printed as Appendix III of the Official Report of the Constitutional
Convention, 1926 (pp. 31-54), is this modified form. There is no apparent
difference in the external form of the two recensions ; they may be
distinguished by the fact that the later form has a total of 96 clauses,
whereas the earlier one has only 95.
THE DRAFT BILL 173
the succeeding chapter will give an account of the passage
of the Bill, through the Convention and Synod, and its
reference back to the Dioceses.
VI. THE DECLARATIONS (CHAPTER I)
These state the basis of the Church's faith. Section 2,
which is the most important of all from the Constitutional
standpoint, states, " The Church of England in Australia is
a part of the Holy Catholic and Apostolic Church and is in
communion with the Church of England in England, and
this Church will not by its own act or will sever communion
with the Church of England in England, nor with other
national regional or provincial Churches maintaining com-
munion with that Church." The remaining sections, all of
which are highly important, enunciate in terms reminiscent
of the Lambeth Quadrilateral of 1888 (reaffirmed in 18,97)
the fundamental beliefs of that Church.
In essence they assert her adherence to (a) the Nicene
and Apostles' Creeds as the basis of faith (Section 3) ; (b)
the scriptures of the Old and New Testaments (Section 4) ;
(c) the Book ,of Common Prayer and the form and manner
of making, ordaining, and consecrating of Bishops, Priests,
and Deacons in use in the Church of England in England
(Section 5) ; (d) the Christian doctrine, sacraments, and
orders (Section 6) ; the authority of Church to make canons,
ordinances, and rules for the order and good government of
this Church (Section 7).
The name of the Qhurch is noteworthy. It is not " The
Church of Australia," but " The Church of England in
Australia." There is little doubt that the adoption of the
former title would have been possible only by giving offence
to other religious bodies in the Commonwealth. Moreover,
those who feared the complete dissolution of the spiritual
bond which binds the Australian Church to the Church in
the Home Country would the more readily reconcile them-
selves to a designation of the Church which implied by its
very name that it is part of the Church of England. On
the value of the basis of faith of its rigidity on the one
hand, and its laxity on the other volumes could be, and,
to judge by past experience, will be, written. It proved to
be one of the chief points of contention when the Convention
actually assembled.
174 THE AUSTRALIAN CHURCH
VII. ORDERS AND SYNODS (CHAPTER II)
This chapter is devoted to what amounts to an assent to
the existing conditions regarding Orders and Synods. After
asserting the existence of the Orders of bishops, clergy, and
laity, the first group including the Primate, the metro-
politans, the diocesan bishops, and the coadjutor bishops,
the Constitution proceeds to lay down rules for the election
of the bishops. The Primate is to be elected in accordance
with the canons of the General Synod, and the Metropolitan
in accordance with the canons of the Provincial Synod, the
diocesan in accordance with the canons of the Diocesan Synod.
Section 13 deals especially with appointment of coadjutor and
assistant bishops and their powers. Section 14 is important,
since it echoes a controversy of nearly a century earlier. 1
" Nothing in the Constitution or in any canon, ordinance
or rule of any Synod shall limit or affect the authorities
powers, rights and duties conferred or imposed upon a
bishop by virtue of his spiritual office as a bishop in the
Holy Catholic and Apostolic Church, or confer or impose
such authorities, powers, rights and duties upon any person
who is not a bishop." It will be remembered that the great
objection urged by Broughton, and especially Selwyn, against
the terms of their Letters Patent was that these Letters
claimed to be the source of spiritual, as well as jurisdictional,
powers. In Section 17 express provision is made for the
General Synod, and for Provincial and Diocesan Synods.
VIII. THE GENERAL SYNOD (CHAPTER III)
This chapter is perhaps of the greatest significance. It is
the attempt to give to the General Synod, at least in certain
respects, real powers, and to ive a place, if not supremacy,
to what I have earlier termed the Catholic (as opposed to
the Congregational) principle. In certain clearly defined
spheres it is to be no longer necessary for the individual
dioceses to give their assent to the Determinations of the
General Synod. These will be binding on the dioceses which
have assented to the new Constitution, whether or not they
are favourable or otherwise to its canons. I will proceed
now to a consideration of the details of this chapter of the
Constitution, noting especially any differences from the
General Synod Constitution, as it was in 1921.
The Synod is to be constituted exactly as at present
1 Cp. pp. 65-69.
THE DRAFT BILL 175- -
two Houses, which sit together and vote together or by
orders (Sections 18, 29) . The method of representation, even
in its smallest details, remained the same (Section 21 and
Table Annexed). The Synod is to be held once in every
three (not five) years. On the request of not less than half
of the members of any one order of the General Synod, a
special session must be called; though the Primate is no
longer empowered to convoke such a special session on his
own initiative (Section 29). The necessary quorum of at
least 5 bishops and 15 clerical and 15 lay representatives
remains the same as before (Section 28). Each lay repre-
sentative has to sign a declaration of the following form :
"I, A.B.,, of . . . do hereby declare that I am a com-
municant of the Church of England in Australia," a new
provision (Section 23).
The Synod is henceforth to be enabled to make canons
for the order and good government of the Church with
respect to
(a) the election, authorities, powers, rights and duties
of the primate ;
(b) the confirmation of the election of bishops ;
(c) the appointment of coadjutor bishops and assistant
bishops ;
(d) the consecration of bishops ;
(e) the oaths, declarations and assents to be required
of bishops, priests, deacons and lay officers ;
(/) the standards of education and fitness to be at-
tained by persons who desire to be admitted to
holy orders or to the ministry of this Church ;
(g) the promotion of sound learning and theological
study among the clergy and laity, including the
establishment, recognition and support of colleges
and schools ;
(h) the provision of superannuation and provident
funds for clerical and lay officers ;
(i) the ratification of any alteration of a province
and of the constitution thereof ;
(j) the ratification of the formation of a new province
and of the constitution thereof ;
(k) the ratification of the formation of a new diocese ;
(I) the admission of any diocese, the territory of which
is partly or wholly outside Australia, to the
176 THE AUSTRALIAN CHURCH
general synod with the status rights powers and
obligations of a diocese of this Church ;
(m) the promotion of the cause of home and foreign
missions, including the establishment recognition
and support of missions, the formation of mis-
sionary dioceses, the constitution thereof, and the
appointment of bishops thereto ;
(n) the furtherance of union with other Christian
communions ;
(o) the establishment, jurisdiction powers and pro-
cedure of tribunals for the trial and determination
of charges for breaches of the faith, discipline or
ceremonial of this Church or for offences against
any canon, ordinance or rule of this Church ;
(p] matters directed or permitted by the Constitution
to be prescribed by canon of the General Synod ;
(q) matters referred to the General Synod by any
Diocesan Synod or Synods, but so that the canon
shall extend only to the diocese of any synod which
refers the matter or which afterwards adopts the
canon ;
(r) matters incidental to the execution of any power
vested by the Constitution in the General Synod
or in either House thereof. (Section 30).
The most important new canons were those concerning
the training of candidates for the ministry (/), religious
education (g), and the provision of superannuation and
provident funds (h) ; and the one on subjects referred to it
by any Diocesan Synod or Synods (q).
The General Synod may also make provisional canons,
" for the order and good government of the Church with
respect to any matter, whether such matter is or is not
mentioned in section 30 of the constitution." Such are not
binding unless received by two-thirds of the Diocesan Synods
(Section 31). The Synod may further "pass resolutions
declaring the view of the Synod on any matter affecting
this Church or affecting spiritual or moral welfare " (Section
34).
IX. PROVINCES AND PROVINCIAL SYNODS
(CHAPTER IV)
Provinces are to remain as at present. For the formation
of new .provinces, at least four dioceses are necessary, and
THE DRAFT BILL 177
ratification by canon of the General Synod must ensue
(Sections 44, 45).
The position and authority accorded to Provincial Synods
in the new Constitution is only slight. Each such Synod,
indeed, is to continue to exercise its existing functions
except that we read in Section 50 that, " Where any ordi-
nance, rule or resolution of a Provincial Synod is inconsistent
with any canon of the General Synod, the ordinance, rule or
resolution shall, to the extent of the inconsistency, be
invalid."
It is quite clear from this regulation that to all intents
and purposes the powers of the Provincial Synods are
reduced to a vanishing point. It is only necessary to turn
up the Provincial Constitution of Western Australia or
Queensland to assure oneself of this fact. For, if the list of
subjects on which these respective Synods may legislate be
compared with those referred to in Section 30 of the Draft
Constitution (given above), it will be seen that the whole
of the former list recurs in the latter ; and, since by Section
50, the General Synod has the last word in such cases, the
legislative powers of the Provincial Synod are practically
nil.
It has therefore been proposed to allow for the creation
of " Provincial Councils " instead of " Provincial Synods "
in any provinces which may subsequently be created. 1 For
such a course there is great justification. The multiplication
of unnecessary synods involves invariably much waste of
time and energies ; and especially in a country like Australia,
where distances are great and the financial position of the
Church is none too good, the expenses of travelling are
inevitably a serious item. A Provincial Council would
certainly meet the needs of the situation far better than a
synod; for where a body has what amounts to only
advisory, as opposed to legislative powers, the more cum-
brous it is the less likely is it' to effect anything of value.
The Provincial Synods as they exist at present are of recent
growth, and have no traditions behind them ; that being so,
the best course would undoubtedly be to abolish them
altogether before they become invested with the authority
of the new Constitution and the odour of sanctity which
attaches to antiquity.
1 Cp. Church Standard, June 25th, 1926, p. 619 ; and the remarks of
Dr. P. A. Micklem at the Convention itself (Church Standard, October 22nd,
1926, p. 205) ; ' cp; p. 188,
M
178 THE AUSTRALIAN CHURCH
X. DIOCESES AND DIOCESAN SYNODS (CHAPTER V)
At present (1927), the several diocesan constitutions lack
any uniformity, except such as is the result of similar needs
in the different dioceses. Chapter V is devoted to the
attempt to give, in its main outlines, a common constitution
to all the dioceses. But those responsible for the Draft Bill
were only too conscious of the dangerous ground on which
they were treading and, apart from a knowledge of the
actual conditions in the Church in Australia, the provisions
of the Bill show clearly that its constructors took all possible
care to avoid giving offence. The amount of space devoted
to the diocesan legislation is disproportionately large ; the
very first section on the subject states, in a professedly
constitutional document, that " a diocese thall in accordance
with the historic custom of the Holy Catholic ana Apostolic
Church continue to be the unit of organization of this
Church " (Section 51) ; and the dioceses are individually
allowed the maximum of freedom compatible with the
powers of the General Synod.
Diocesan legislation is to take the form of Ordinances
(not canons), and Section 63 gives a list of eighteen subjects
on which ordinances may be made " for, the order and good
government of (the) Church within the diocese." They are
too long to quote here ; but they will be found in Section
63 of the Draft Bill. Moreover, the list is not intended,
as is the list in Section 30, to be exhaustive ; for,, in the
recension of the Constitution referred to in the Church
Standard for June i8th, 1926 (p. 607), we read : " The diocesan
synod may make ordinances . . . in particular with refer-
ence to . . ." The diocese, in fact, has the right of legisla-
tion in all matters except such as concern the Church as a
whole and not purely the individual diocese.
To the freedom which each diocese has in accepting or
rejecting the whole new Constitution I shall return when
discussing Chapter IX.
XL TRIBUNALS. (CHAPTER VI.)
As at present constituted, the Supreme Court of Appeal,
both for the Church of England in England and the Church
of England in Australia, is the Judicial Committee of the
Privy Council. The unsatisfactory nature of this Court for
the Church as it is in England ha"s been long felt ; and the
recently published Report of the Ecclesiastical Courts
THE DRAFT BILL 179
Commission is a sufficient manifestation of this feeling. In
a self-governing Australian Church such a state of affairs
must be still more unsatisfactory. It is but natural, there-
fore, that there is need for a revision of the existing legisla-
tion in the new Constitution, and above all to provide that
the highest Court of Appeal shall be an Australian, as
opposed to an English, Court.
According to the Draft Bill, there is to be a series of
tribunals for the trial of ecclesiastical offences. These will
form a hierarchy, consisting of the diocesan, provincial and
supreme tribunals. The determinations of the last-named
will ordinarily be final, "but if the determination of the
supreme tribunal is the unanimous determination of all the
members thereof, the determination shall be final and
conclusive, but if the determination is not the unanimous
determination of all the members thereof, an appeal shall
lie to "the Consultative Committee of the Lambeth Confer-
ence, and the determination of that Committee shall be
final and conclusive " (Section 76 (2)).
For the purpose of the trial of bishops, a special court is
to be constituted, known as the Special Tribunal (Section
75), to*" consist of such number of bishops not being less
than 6 as may be prescribed by canon of the General Synod."
The sentences which such Courts can pronounce must
necessarily be of a spiritual nature. " In the case of any
charge, none of the tribunals shall pronounce any sentence
other than monition, suspension or expulsion from office
and rights and emoluments appertaining thereto, degrada-
tion from Holy Orders, or expulsion from this Church"
(Section 77).
XII. THE PROPERTY OF THE CHURCH. (CHAPTER VII.)
This chapter is devoted to the possession of the Church's
property by "a body corporate, to be known as the corporate
trustees of the Church of England in Australia." All the
dioceses which accept the new Constitution (cp. Chapter IX)
are bound to adhere to the declarations of Chapter I "of the
Constitution ; and if they cease to do so, their property will
be liable to forfeiture, whether the offender be the individual
parish or the whole diocese. And further, " the rights and
privileges of any office-bearer of this church in respect of
any property thereof in any diocese shall be conditional on
his adherence to the declarations set forth in chapter one
of the constitution except so far as any of the same is
i8o THE AUSTRALIAN CHURCH
altered in accordance with the constitution^ and on breach
of the condition he shall cease to be entitled to any such
right or privilege " (Section 82 (3)).
XIII. ALTERATION OF THE CONSTITUTION. (CHAPTER VIII.)
The somewhat nebulous demand of the Australian Church
for a revised Prayer Book is carefully provided for in the
new Constitution. It is true that this is not the only change
which could be made under the terms of this chapter, but
it seems clear that it is this one which is primarily antici-
pated. " The solemn declarations set forth in chapter one
of the constitution shall not be altered, provided that
nothing in this section shall preclude the alteration of the
Book of Common Prayer in accordance with the provisions
of this chapter " (Section 84).
Extreme safeguards are taken against any precipitate
course of action on this matter, even though recent experience
in England shows that in the absence of any such safeguards
revision is a tediously slow process. A Canon for the altera-
tion of the Constitution is designated a " Constitutional
Canon." But, in order for such a Canon to be passed the
following stages are essential :
(a) The General Synod has to appoint a special commis-
sion to construct a Bill for the purpose.
(b) At least 6 months before the Bill is introduced into
General Synod, a copy has to be sent to every
diocesan.
(c) The Bishops have the power of amending the Bill at
this stage, and to them is entrusted the initiative
the introduction of the Bill to General Synod.
(d) It has to pass General Synod.
(e) It is, however, deemed to be rejected, " unless two-
thirds of the diocesan synods within 5 years, assent by
ordinance to the Constituent Canon, and the synods so
assenting contain a majority of the priests licensed to
the Church." The last phrase, which does not occur
in the form printed here, was added apparently to
prevent undue weight being attached to the .decisions
of the smaller dioceses. 1 .
(/) It returns to General Synod ; and finally comes into
force "if two-thirds of the members of the House
of Bishops, two-thirds of the clerical representatives
1 Cp.<Ghwch Standard, July i6th, 1926, p. 27.
THE DRAFT BILL 181
voting and two-thirds of the lay representatives
voting, approve the canon,"
It is clear that only the minimum of opposition to any
proposed Constituent Canon is necessary to block its passage
at one or other of these stages.
XIV. OPERATION OF THE CONSTITUTION. (CHAPTER IX.)
The significance of the provisions of this, the last, Chapter,
the events of the immediate future in the history of the
Australian Church may reveal. Section 87 provides for the
fixation of a day as from which the new Constitution shall
come into effect.
But on what dioceses will it be binding ? Not necessarily
on all. Section 88 is sufficiently important and to be quoted
in full.
. " (i) The constitution shall apply to every diocese in
Australia which by ordinance of the diocesan synod
thereof agrees to the constitution, whether before
or after the constitution takes effect, and to every
diocese formed or admitted to the general synod
under the constitution.
" (2) Where all the dioceses in any province so agree, the
constitution shall apply to the province as well as to
each diocese.
" (3) If any diocese in Australia does not by ordinance
of the diocesan synod thereof agree to the constitu-
tion, the diocese shall nevertheless be entitled to
continue in communion with this church, and may
be associated with this church on such terms and
conditions as may be agreed upon by ordinance of
the diocesan synod of the diocese and by canon of
the general synod."
It is thus free to any diocese to accept or reject the
Constitution.
Section 92 is important, since it provides that the decisions
of the Judicial Committee of the Privy Council shall cease
to be binding on the Church in Australia. " No decision
of the Judicial Committee of the Privy Council or of any other
court in England on any question as to the faith, ceremonial
or discipline of the Church of England in England shall be
binding on this Church by reason only of the decision being
binding on the Church of England in England,"
i8a THE AUSTRALIAN CHURCH
XV. SUMMARY
The foregoing account of the Draft Bill will serve to
illustrate that the changes are of a much wider nature than
the mere severance of the Legal Nexus. The very foundation
of the Constitution of the Church in Australia is being revised,
and its legislation is being put on a basis similar to that of
the Church in other Colonies in the Empire. In Australia,
however, the necessary legislation had been delayed for so
long that at every point extreme caution was essential in
order to secure general acceptance for the new Constitution.
Addressing his Diocesan Synod, Dr. Long, the Bishop of
Bathurst, said recently : " The Drafting of the Constitution
was at least as difficult a task as the drafting of the Federal
Constitution of Australia. . . . There was no clear norm to
follow as a model, though toll was taken of every constitu-
tional document in the Anglican Communion, and constant
reference made to secular constitutions." 1 Even though from
the mouth of the leading Bishop concerned with the drafting
of the Bill, it not inadequately represents the difficulties with
which any such compilers would have been faced.
1 Quoted in Church Standard, June iith, 1926,
CHAPTER XVI
THE CONSTITUTIONAL CONVENTION AND AFTER
I. INTRODUCTORY
THE opposition which had been anticipated to the
Bill proved to be a reality. Dr. Long, the Bishop of
Bathurst, who, together with Professor Peden (as the
Chancellor of the Diocese of Bathurst) had been mainly re-
sponsible for the construction of the Bill, worked with untir-
ing energy and more than ordinary tact in order to secure its
passage. The expressions of gratitude from the General
Synod to these two men 1 were only their due. As the history
of the passage of the Bill showed, the goal was never lost sight
of. With a view to securing the acceptance of the Bill not
merely by the necessary majority vote, but by the general
consciousness of the Church, the framers of the Bill were
prepared to go considerable lengths in urging modifications.
And, if the modifications made in the Bill appear at times
somewhat tolerant of the scruples of tender consciences, the
fact that the Bill eventually passed unanimously was a more
than adequate compensation.
II. THE OPPOSITION TO THE BILL
Opposition against the Bill was directed from all three
points of view, Anglo-Catholic, Modernist and Protestant.
Examples of these will be given in turn ; the last-named,
being the strongest, will be considered last.
i. Anglo-Catholic. The main objection urged by Anglo-
Catholics was that not sufficient legislating powers were
given to the Diocesan Synods. In spite of the great care
taken by the Draft Bill to insist that the Diocesan unit was
the custom of the " Holy Catholic and Apostolic Church,"
the opposition made itself felt. In a speech delivered at
Sydney in July. 1926* the Rev. J. Norman, after referring to
1 Cp. Church Standard, October 29th, 1926, p. 220.
8 Ibid., August 6th, 1926, p. 65.
183
184 THE AUSTRALIAN CHURCH
other objections against the Bill, is reported to have said :
" The most serious changes, however, are those which
concern the office of the Bishop.
Section go 1 appears to safeguard that office from being
prejudicially affected by these changes, but its scope is
indefinite and it would be difficult to determine what rights
are preserved. On the other hand, there are in the draft
numerous explicit restrictions of the Catholic rights and
privileges of the episcopate. The General Synod is to have
power to regulate the confirmation of the elections of
Bishops, their consecration, the oaths, declarations and
assents to be^made by the clergy, the standards of fitness of
ordinands, the appointment of episcopal officers such as
Archdeacons, Vicars-general and, more important still, to
alter the rites, ceremonies and doctrines of the Church
(within certain limits). The Church tribunals are even to
be given power not only to declare the accused to be guilty,
but also to pronounce sentence of excommunication and to
expel from the Church ! This is dangerously like abandoning
the historic episcopacy and substituting a Presbyterian-
ism mildly flavoured with episcopal nomenclature. At
present we have a perfectly sound reply to Roman
attacks on our Catholicity ; it will probably require some
ingenuity to construct a defence under the proposed
Constitution."
ii. Modernist. A letter by Mr. K. T. Henderson in the
Church Standard of October ist, 1926, may be taken as
typical. It is too long to quote in full, but the extracts
which we give show that he opposed it On the grounds of (a)
the fear that a majority vote would give no adequate place
in ihe Church to the " intellectuals," and (b) the dislike
of the specific recommendations the so-called "Declara-
tions " which tie the Church to the present creeds. " It is
evident," he writes, " that the currents of thought loosely
called ' liberal ' or ' modernist ' are influencing the leaders
of all parties. Liberal Evangelism and Essays, Catholic
and Critical, bear plain evidence of the spirit of renaissance
which is quickening and bracing our religious thought with
the new sense of the glorious fruitfulness of free-thinking.
Every thoughtful member of the present Convention must
measure these movements with the doctrinal tests laid down
as unalterable in the draft Australian Constitution. By
1 A different recension of the Draft Bill from the one we print is
intended.
CONSTITUTIONAL CONVENTION AND AFTER 185
this Constitution the Church in Australia takes from itself
the right to alter its doctrinal tests even if the Church of
England does so, and the abolition of the privy council and
of any appeals to English tribunals may cut off our standards
of orthodoxy from any reference to current English scholar-
ship. Many of us have found to our deep sorrow and intense
disappointment that scholarship in Australia is physically
impossible. Where could be found an Australian tribunal
competent to try a man who, regarding thought and research
as part of his ministry, laboured so earnestly to do original
work and to be entitled to individual opinions different from
those generally received in his diocese ?"
iii. Protestant. Throughout the history of the Australian
Church (as of the Church of England at home for over a
century), there has been an alliance, resting rather on the
concrete situation than on abstract principles, between
Protestantism and Legalism. A measure which would give'
to a Church spiritual autonomy was therefore naturally
opposed by Evangelicals. Moreover, the measure, in claim-
ing some sort of restriction on diocesan freedom, necessarily
had to give compensation to the smaller dioceses by full
representation in the General Synod ; and this somewhat
generous representation of these dioceses at the Synod meant
that the more populous dioceses were (comparatively) less
well represented. In Sydney this inadequate representation
was particularly felt ; the "principles of the Reformation "
were thought to be imperilled. At a Diocesan Synod held
before the Convention sat, the Draft Bill was actually
rejected, and an alternative Bill constructed, to be placed
before the Convention.
The opposition of each of these three groups is to be traced
back ultimately to the fact that each of the various Aus-
tralian dioceses had, on the whole, a definite party colour.
In the Sydney Diocese, for instance, clergy, as a condition
of being licensed, have to sign a document stating that they
will not wear Eucharistic vestments in that diocese until
they are declared legal by the Archbishop ; and though
we are unaware of any corresponding pledges being required
in the Catholic dioceses, it is found de facto that these
dioceses do remain distinctively Catholic. Any surrender
of the rights of the dioceses, such as the Draft Bill laid down,
would naturally lead to limitations of freedom in what a
diocese would regard as important matters. Whether the
moderates, who alone can give the necessary support in such
i86 THE AUSTRALIAN CHURCH
a case, are better designated " compromising indifferents"
or " large-hearted tolerants "is a question not easily settled.
III. EPISCOPAL VIEWS OF THE BILL
The attitude of the Bishops to the Bill was equally at
variance. The Archbishop of Sydney opposed it because
he feared that it would divide the Church ; x the Bishop of
Bendigo supported it because he could not see how other-
wise the unity of the Church could be preserved. 3 The
Bishop of Bendigo 3 thought that it would have been better
if the questions of Autonomy and Church Constitution had
been made separate issues ; this proposal seemed in the
abstract highly reasonable, though perhaps supporters of
the Draft Bill may be thankful that the possible dangers
of such a course were averted. A number of small points of
some interest were raised by the Bishop of Adelaide in a
letter to the Church Standard of September I7th, 1926 ;
among them, he thought that a change of the name of the
Church should at least be a possibility. The Bishops of
Wangaratta 4 and of Goulbourn 6 were among the warm sup-
porters of the Bill. And throughout, as has already been
mentioned, Bishop Long of Bathurst was unwavering in
his attitude.
IV. THE CONSTITUTIONAL CONVENTION
The Convention opened on Tuesday, October I2th, 1926,
with a Choral Eucharist. In the afternoon a notice that the
Bill be received was proposed by the Bishop of Bathurst
and seconded by Mr. P. C. Purbrick 6 of Wangaratta. The
Sydney delegates proposed their alternative Bill, which was
rejected though by a motion of the following day their Bill
was " laid upon the table as available for reference through-
out the whole proceedings of the Convention." It was on
the evening of October I3th that the Convention passed
from generalities to the discussion of the clauses, one by one.
These discussions continued until October 2oth, when the
Bill in its much amended form was finally accepted. I
reserve for the next section the discussion of the " Declara-
1 Church Standard, September loth, 1926, p. 126.
2 Ibid. 3 Ibid.
4 Ibid., August 20th, 1926.
6 Ibid., September 24th, 1926.
At present (1928) Chancellor of the Diocese of Wangaratta.
6
CONSTITUTIONAL CONVENTION AND AFTER 187
tions " ; the remaining chapters of the Bill will be treated
here, 1
The modifications made in chapters two and three were
only of minor importance. Great stress was laid on the
.necessity of bishops' elections securing " confirmation."
The Bishop of Goulburn insisted that " Confirmation (of
Episcopal elections) was a reality in the Churches overseas
and the Church at home was hoping that it would recover
the same." An amendment of the Bishop of Bathurst to
the effect that coadjutor-bishops should be admitted to the
House of Bishops without the power of voting, was agreed
to. 2 Much discussion centred round the question as to
Diocesan representation at the General Synod ; of the three
possible methods of computation, namely : (i) the number
of Church people in the diocese ; (ii) the number of clergy
working in the diocese ; and (iii) the number of parishes or
cures in the diocese, it was ultimately decided to adhere
to (ii) ; the basis of representation as proposed by a select
committee, was one representative of each order for every'
fifteen licensed clergymen resident in the diocese. 3 It was
agreed, on the motion of a layman (Mr. W. J. G. Mann) , with the
assent of the Bishop of Bathurst, that the clause requiring a
declaration as to communicant membership be omitted. 4
On the vote of a small majority (78 against 65) it was
determined to hold the General Synod every three
years, 5
Of more importance was the reconstruction partly by
the incorporation of details from the Sydney delegates'
alternative Bill of the powers of the General Synod. In
certain matters of importance, the General Synod had " pre-
vailing powers " in other matters the diocese had " pre-
vailing powers." In all essential points uniformity was pre-
served. Among the absolute powers vested in the General
Synod were those relating to the consecration of bishops ;
the oaths, etc., required of bishops, priests, and deacons ;
reunion ; property belonging to the General Synod, matters
prescribed elsewhere in the Constitution ; matters referred
1 For these remarks, I am partly dependent on information contained
in the current Church Standards. The Official Report (Sydney, 1927)
contains the most important documents. A full account of this historic
Convention yet remains to be written.
2 Amended Draft Bill, Section 13. I shall refer to the Draft Bill as
actually passed as the Amended Draft Bill. It is Document W.
3 Ibid. Section 14 (i) and First Table annexed.
* Original Draft Bill, Section 23 (2).
5 Amended Draft Bill, Section 24 (i).
i88 THE AUSTRALIAN CHURCH
to the General Synod by individual dioceses ; arid matters
incidental to the execution of any power of the General
Synod. 1 Comparison of these powers with those prescribed
in the original Draft Bill will reveal to what a considerable
extent the proposed powers of the General Synod were
modified.
Considerable opposition was felt to the continuance of
Provincial Synods. Archdeacon Whitington of Tasmania
maintained that Provincial Synods in Australia had not been
a success ; the Bishop of Bathurst agreed, and referred to
the history of the English Church, showing that the creation
of the two Provinces of Canterbury and York had greatly
weakened the Church's unity. The support of Dr. Micklem
was also accorded to the proposal to abolish them. These
objections proved, however, unsuccessful. A further resolu-
tion to substitute the designation "Provincial Council"
instead of " Provincial Synod " was also lost.
The limitation of the powers of the General Synod neces-
sarily went hand in hand with an increase in the power of
the Diocesan Synods. Bishop Long and Professor Peden
accordingly had to be called to re-draft the chapter dealing
with Diocesan Synods. The constitutions of existing dioceses
were to continue until altered in accordance with the new
Constitution ; 2 an optional specimen form of Constitution
for new dioceses was attached to the schedule of the Bill.?
The discussion on the constitution of tribunals did little
more than reflect the same question, that as to the powers
of individual Diocesan Synods. After much discussion it
was decided to permit a diocese to constitute the Provincial
Tribunal its Diocesan Tribunal if it so desired ; yet it retained
the right to withdraw at a later date if it wished. 4 The con-
stitution of the Supreme Tribunal was fixed as follows. A
president (a bishop of a diocese) elected by the whole General
Synod voting together, three bishops or priests of fifteen
years' standing and three laymen, who must be judges of
the High Court or a Supreme Court or a practising barrister
or solicitor of ten years' standing. These six members are
to be elected one bishop or priest and one layman by the
House of Bishops, one each by the clergy and one each by the
lay representatives. 5
1 Amended Draft Bill, Section 20 (i). a Ibid., Section 40.
3 Ibid., Second Table Annexed.
4 Ibid., Section 46 (i).
6 Ibid., Section 48 (i).
CONSTITUTIONAL CONVENTION AND AFTER 189
The thorny point as to the validity of the Judicial Com-
mittee of the Privy Council's judgments described by the
Archbishop of Brisbane as a matter of conscience on the
part of possibly five-sixths of the Convention came up
next for discussion. The Bishop of Bathurst insisted that
the Church could not continue to be bound by these decisions;
such decisions, hebelieved, were but "persuasive precedents."
A proposal was made by the Dean of Sydney to allow the
Privy Council to be superseded by the Supreme Tribunal.
It was finally decided that " no decision of the Judicial
Committee of the Privy Council or of any other court in
England on any question as to the faith, ritual, ceremonial,
or discipline of the Church of England in England shall bind
any court or tribunal on any question as to faith, ritual,
ceremonial, or discipline of this. Church, but (that) nothing
in this section shall preclude any such decision from
being kited to any court or tribunal as a persuasive
precedent." 1
As regards Prayer Book revision, it was provided that the
General Synod may by canon permit the use of an alternative
form of the Book of Common Prayer which secured authority
in England, 2
V. THE DECLARATIONS
It remains to consider the Declarations. 3 The feeling
that these declarations might imply a change of doctrine led
to their being discussed and reformulated with the greatest
care.
Archdeacon Whitington sounded a good note when he said
that " the less definition of doctrine in the Bill the better
it would be. We should simply assume our relation to the
Catholic Church. Otherwise we shall give colour to the idea
that we are founding a new Church. Let the Bill be con-
fined to administrative matters " ; and words to the same
effect were uttered by Dean Talbot of Sydney. 4 Yet the
necessity of some safeguards was strongly felt. The Arch-
bishop of Brisbane pointed out that if Churchmen had always
been so opposed to them, we should never have acquired
our Nicene Creed. 5
As the outcome of lengthy and at times acrimonious
1 Ibid. 2 Ibid., Section 54 (i).
8 Ibid., Chapter I (Sections 1-6).
4 Church Standard, October 22nd, 1926, p. 204. 6 Ibid.
THE AUSTRALIAN CHURCH
discussions, the declarations received finally a much modified
and, it must be admitted from all points of view, a much
improved form. The change made in the second declaration
is noteworthy. This declaration deals with the vital ques-
tion of the intercommunion of the Church of England in
Australia with the other branches of the Anglican Church.
Whereas the original form had assented that the Church in
Australia " will not by its own act or will sever such com-
munion," the revised form ran : " the Church of England in
Australia being a part of the one Holy Catholic and Apos*
tolic Church, and in communion with the Church of England
in England, will ever remain and be in communion with the
Church of England in England, and with national, regional,
or provincial churches maintaining communion with that
Church, so long as communion is consistent with the solemn
Declarations set forth in this chapter." 1
On the motion of the Bishop of Adelaide, the lost " note "
of the Church was restored and " one " was inserted before
" Holy, Catholic, and Apostolic." The Church wisely
determined not to make its form of the administration of
the Sacraments necessarily identical with that of the Church
of England in England. Thus Declaration V reads : " This
Church will ever obey the command of Christ, teach His
doctrine and administer His Sacraments of Holy Baptism
and Holy Communion, follow and uphold His discipline and
preserve the three orders of bishops, priests, and deacons
in the sacred ministry." The sixth and last declaration, as
finally revised, allowed the possibility of Prayer Book re-
vision, provided no change in doctrine was intended : " This
Church doth retain and approve the Book of Common Prayer
and the doctrine and principles contained therein, and will
not in any revision of the Book of Common Prayer or other-
wise make or permit any alteration which would change the
character of this Church as shown by its assent."
VI. THE PASSAGE OF THE DRAFT BILL
On October 2ist the Bill passed the Convention ; and the
General Synod held immediately afterwards likewise gave
to it its assent. The Bill was then referred back to the
dioceses, which are now individually considering it in their
Diocesan Synods. When eighteen of the twenty-five
Australian Dioceses (including the two metropolitan
1 Document W, p. 280.
CONSTITUTIONAL CONVENTION AND AFTER 191
dioceses) had given their assent, the necessary legisla-
tive powers could be sought from the various State
Parliaments.
Among the first dioceses to assent were Perth and Adel-
aide. 1 Eighteen of the dioceses had accepted it by October
2ist, 1927 ; 2 twenty by December 23rd, 1927. 3 Shortly
before the last-named date, the Tasmanian Parliament
passed an Act in accordance with the provisions of the new
Constitution. 4
VII. THE RECEPTION OF THE CONSTITUTION AT SYDNEY
It was feared from the outset that the fiercest opposition
which the Constitution would have to face would be from
the Diocese of Sydney, which not unnaturally disliked the
surrender of its ancient privileges which the new Constitution
entailed. These fears proved to be far from groundless. At
an early stage the Sydney Synod appointed a Standing Com-
mittee to deal with the proposed Constitution. Before the
meeting of the Synod in the middle of March, 1928, a Report
on the situation was issued by this Committee. 5 It was clear
from this Report that the Church in Sydney feared that the
new Constitution imperilled the essentially Protestant
character of the Church of England. In its very first sections,
it urged that the Reformation settlement was in danger. 6
" The Reformed character of the Church of England hitherto
has been secured by the Prayer Book and the Thirty-nine
Articles and the decisions of the Privy Council and other
civil courts in England upon the interpretation of the Re-
formation instruments." 7 But this is no longer sufficiently
guaranteed. " It is significant," so the Report insists,
" that it is only in (one) clause that any reference is made
to the Thirty-nine Articles." 8 Since the necessary safe-
guards for the maintaining of the Protestant character of
the Anglican Church are absent from the proposed Constitu-
tion, it is imperative that great caution should be exercised
before it is adopted. The Report urges " the most careful
1 Cp. Church Standard, December i7th, 1926, and March 4th, 1927.
* Cp. Ibid., October 2ist, 1927, p. 199.
3 Cp. Ibid., December 23rd, 1927, p. 331.
4 Ibid.
5 I have not yet been able to secure this Report. I am dependent on
comments in the Church Standard, passim, for my information.
6 Church Standard, February i7th, 1928, p. 422.
7 Ibid., March gth, 1928, p. 458.
8 Ibid., March 2nd, 1928, p. 446.
192 THE AUSTRALIAN CHURCH
consideration before the Diocese surrenders to another
body, powers which it now possesses." 1 Even the Constitu-
tion itself is subject to considerable modification on the part
of General Synod. " General Synod has power without the
approval of the Diocese to alter two-thirds of the clauses
in the Constitution." 2
This Report was laid before the March (1928) Synod of
the Sydney Diocese. It was agreed that the Constitution
could not be accepted without qualifications. There were,
indeed, some members of the Sydney Diocese who wanted
to give unqualified assent to it, among them Mr. Clunies
Ross. " From the standpoint of Australia, Sydney was only
a part, and should do nothing to hold up the inauguration
of the Constitution ; all alterations such as those submitted
by Sydney could be made by constituent canon at the
first meeting of the new General Synod." In these senti-
ments, Mr. Ross was supported by Archdeacon Boyce. 3
But the Protestant apprehensions were quite strong enough
to outweigh the supporters of the convention. Mr. Mann
voiced a fear that at some future date the Church in Aus-
tralia might be named " the Anglo-Catholic Church of
Australia." 4 A speaker who suggested that the day
might come when " we may unite with the Roman Catholic
Church " was called to order for his audacity. 5
It was clear that the assent which the Sydney Synod
could give to the Constitution was limited in character.
Three important modifications were effected.
i. Additional declarations on the character of the
Church of England were made.
ii. The number of provisions which were capable of
alteration only with the consent of the dioceses
was increased (i.e. the number of provisions which
were directly brought under Section 57 of the
Constitution). These included Sections 7, 14, 21 (2) ;
the last paragraph of Section 21 (3) ; Sections 37,
40, 43, 44, and 58.
1 Church Standard, February 24th, 1928, p. 434.
2 Ibid., p. 434. The writer in the Church Standard (p. 435) points out
that " the 19 clauses which cannot be altered against the will of a diocese
contain everything touching on fundamentals, faith, property, tribunals,
unconditional powers, the Prayer Book, and decisions of the Privy
Council."
3 Ibid., March 3oth, 1928, p. 503.
* Ibid. 6 Ibid.
CONSTITUTIONAL CONVENTION AND AFTER 193
iii. In the case of the Diocese of Sydney, there was to
be no longer the right of appeal from the Diocesan
to the Supreme Tribunal.
It was pointed out that all these changes could be effected
without any alteration in the text of the Constitution (which
had by the date of this Sydney Synod received the accept-
ance of the greater number of dioceses). All that was neces-
sary was that each State, in presenting the Bill for the
legalising of the new Constitution, should urge the incorpora-
tion of these modifications in its Act of Parliament, and the
resolution proposed, in consequence, that the Parliament of
New South Wales and of four other States should pass such
legislation. 1
Of the modifications the last, which was introduced by
Mr. Minton Taylor, 2 is the most important. It is evidently
of a highly unsatisfactory character. Mr. Purbrick has
pointed out 3 that it creates the anomalous situation that
a bishop and a priest of the Diocese of Sydney, if tried for
(say) the same heresy, would be judged by different courts,
and it is quite conceivable that the two verdicts should be
at variance. Yet Bishop Long recognized that the com-
promise was the only means of securing the assent of the
Diocese of Sydney to the new Constitution, and consequently
gave the proposal his support.
Naturally, the other dioceses turned none too favourable
an eye on the Sydney demands. Riverina, for example,
passed the following resolution :
" While this Synod deeply regrets the proposed inclusion
in the Enabling Bill of certain limitations to the Constitu-
tion, especially that dealing with the Supreme Tribunal,
as being contrary to every principle of justice and equity,
it nevertheless leaves the ultimate decision of accepting or
rejecting the proposed terms of the Enabling Bill to the
Diocesan Council.
The Synod earnestly desires the peace and unity of the
Church, but is of the opinion that this will best be obtained
by the Diocese of Sydney deleting voluntarily the sections
dealing with appeals to the Supreme Tribunal, before the
Enabling Bill is presented to Parliament." 4
1 Ibid., March 23rd, 1928, p. 485. The reason why only four such
Parliaments need pass the legislation was presumably to exclude the
necessity for a new Bill in Tasmania, which had already given Parlia-
mentary assent to the Constitution. Cp. above, p. 191.
2 Ibid., March 3oth, 1928. s Ibid., May i8th, 1928, p. 584.
4 Ibid., May 4th, 1928 p. 566.
N
194 THE AUSTRALIAN CHURCH
This is typical of the reception of .the proposals. Among
those dioceses which have accepted them may be mentioned,
Bathurst, Gippsland, and Perth. Tasmania appears to be
alone in having rejected them. 1
1 Church Standard, May 4th, 1928, p. 566 ; May nth, 1928, pp. 572^
579 ; June 8th, 1928, p. 625.
DOCUMENT A
THE FIRST CHAPLAIN'S, i.e., REV. R. JOHNSON'S
COMMISSION.
(Historical Records of New South Wales. Volume I, Part II, p. 27.)
George the Third (etc.) to our trusty and well-beloved Richard
Johnson, clerk, greeting
We do by these presents constitute and appoint you to be Chaplain
to the settlement within our territory called New South Wales.
You are, therefore, carefully and diligently to discharge the duty of
chaplain, by doing and performing all and all manner of things
thereunto belonging ; and you are to observe and follow such orders
and directions from time to time as you shall receive from our
Governor of our said territory for the time being or any other your
superior officer, according to the rules and discipline of war.
Given at our Court at St. James's, the twenty-fourth day of
October 1786, in the twenty-sixth year of our reign.
By His Majesty's command,
SYDNEY.
DOCUMENT B
LETTERS PATENT ADDING THE WHOLE OF THE TERRI-
TORIES WITHIN THE LIMITS OF THE CHARTER OF THE
UNITED COMPANY OF MERCHANTS OF ENGLAND TRAD-
ING TO THE EAST INDIES TO THE SEE OF CALCUTTA. '
Patent Roll No. 4256, George IV. Part V. No. 10.
REGINALD HEBER, D.D., BISHOP OF CALCUTTA.
George the fourth by the Grace of God of the United Kingdom
of Great Britain and Ireland King Defender of the faith to all to
whom these presents shall come greeting. Whereas His late
Majesty our Royal father King George the Third did by Letters
Patent under the Great Seal of our United Kingdom of Great
Britain and Ireland bearing date the second day of May in the
fifty fourth year of his Reign erect found and constitute our Terri-
tories under the Government of the United Company of Merchants
of England Trading to the East Indies to be a Bishop's See and to
be called from henceforth the Bishoprick of Calcutta and to
his successors Bishops of Calcutta. And his said late Majesty
by the same Letters Patent did give and grant to Thomas
Fanshaw Middleton the first Bishop of Calcutta full power and
195
196 THE AUSTRALIAN CHURCH
authority to perform all the functions peculiar and appropriate
to the office of a Bishop within the limits of the said See but not
elsewhere and also by himself or themselves or by his or their
Commissary or Commissaries to exercise jurisdiction spiritual and
ecclesiastical in and throughout the said See and Diocese according
to the Ecclesiastical laws of our Realm of England which are law-
fully made and received in England in the several causes and
matters therein expressed and specified and no other and his said
late Majesty by the same Letters Patent did make a further declara-
tion concerning the special causes and matters in whicfi he would
that the aforesaid jurisdiction should be exercised and did give and
grant to the aforesaid Bishop and his Successors certain powers and
authorities for the due performance of his and their episcopal
functions subject however to certain limitations and reservations as
on reference to the said Letters Patent will more fully appear.
And for a further accomplishment of his intention and for aiding
the said Bishop of Calcutta according to the laws and customs of
the United Church of England and Ireland in the due and canonical
superintendence of Ecclesiastical persons and affairs his said late
Majesty by the said Letters Patent did erect and found and con-
stitute one Archdeaconry in and over the presidency of Fort William
in Bengal to be styled the Archdeaconry of Calcutta and one other
Archdeaconry in and over the presidency of Fort Saint George on
the Coast of Coromandel to be styled the Archdeaconry of Madras
and also one other Archdeaconry in and over the presidency and
Island of Bombay on the coast of Malabar to be styled the Arch-
deaconry of Bombay all such archdeaconries to be subject and
subordinate to the said Bishop's See of Calcutta and whereas his
said late Majesty did by Letters Patent under the Great Seal of
our United Kingdom bearing date the isth day of August in the syth
year of his Reign erect found and constitute one other Archdeaconry
within the British Territory in the East Indies (that is to say) at
Colombo in Island of Ceylon to be styled the Archdeaconry of
Colombo such Archdeaconry to be also subject during the Royal
pleasure to the jurisdiction spiritual and ecclesiastical of the Bishop
of Calcutta for the time being and whereas his said late Majesty by
other Letters Patent under the Great Seal of our United Kingdom
bearing date the isth day of August in the fifty seventh year of
his Reign in order to give full effect to his Royal intention in respect
of the said Archdeaconry of Colombo and for removing all doubts
touching the jurisdiction of the Bishop of Calcutta and his Suc-
cessors over the said Archdeacon and Archdeaconry did give and
grant to the Bishop of Calcutta and his Successor all and singular
the rights powers authorities functions and jurisdictions in and over
the said Archdeaconry and Archdeacon of Colombo which he and
they might lawfully exercise in and over the three Archdeaconries
of Calcutta Madras and Bombay except the right of collating to
the said Archdeaconry of Colombo.
And whereas by the demise of the said Thomas Fanshaw
Middleton the late Bishop the said See or Bishoprick of Calcutta
has become and is now vacant and it is our royal will and pleasure
to appoint a Successor thereto. And whereas the doctrine and
discipline of the United Church of England and Ireland are pro-
fessed and observed by a considerable part of our loving subjects
DOCUMENT B 197
resident in certain other parts of our Territories within the Limits
of the Charter of the said United Company of Merchants of England
trading to the East Indies not heretofore included in the said See
and Diocese of Calcutta. And whereas no provision has been made
for the supply of persons duly ordained to officiate as Ministers of
the United Church of England and Ireland within such parts and
there is no competent authority for the care and direction of
Ecclesiastical affairs and our aforesaid Subjects are deprived of
some offices prescribed by the Liturgy and usage of the Church
aforesaid by reason that there is no Bishop residing or exercising
jurisdiction and canonical functions in and over the same for
remedying^ of the aforesaid inconveniences and defects it has
become expedient and it is our will and pleasure that the See and
Diocese of the Bishop of Calcutta shall be extended over the whole
of our Territories within the Limits of the Charter of the said United
Company of Merchants of England trading to the East Indies.
Now know ye that in order to give full effect to our royal will
and pleasure of appointing a Successor to the said Bishoprick of
Calcutta now vacant and of extending the limits of the said See or
Bishoprick as aforesaid we having great confidence in the learning
morals probity and prudence of our well beloved Reginald Heber
Doctor in Divinity do name and appoint him to be Bishop of the
said See and Diocese of Calcutta so that the said Reginald Heber
shall be and be taken to be Bishop of the Bishop's See and Diocese
of Calcutta and may by virtue of this our nomination and appoint-
ment enter into and possess the said Bishop's See as the Bishop
thereof without any let or impediment of us our heirs or successors
subject nevertheless to the powers of revocation and to the Rights
of Resignation expressed and contained in the said Letters Patent of
the second day of May in the fifty fourth year of the reign of his late
majesty King George the Third. And we do hereby signify to the Most
Reverend Father in God Charles Lord Archbishop of Canterbury,
Primate of all England and Metropolitan that we have named and
preferred the said Reginald Heber to the said Bishoprick of Calcutta
and ^ have appointed him Bishop and ordinary Pastor thereof
requiring him by the faith and love whereby he is bound unto us
commanding him to consecrate the aforesaid Reginald Heber
Bishop of Calcutta in manner accustomed and diligently to do and
perform all other things appertaining to his office in this behalf
with effect we do by these presents ordain and declare our Royal
will and pleasure that from henceforth the whole of our Territories
within the limits of the Charter of the United Company of Merchants
of England trading to the East Indies shall form and constitute the
See and Diocese of Calcutta and we have given and granted and do
by these presents give and grant to the said Bishop of Calcutta and
his successors during our pleasure the right of appointing any person
or persons to be his or their Commissary or Commissaries within
any of the Territories and parts aforesaid which Commissary or
Commissaries shall or may act in all matters relating to the Episcopal
jurisdiction and functions of the said Bishop and his successors
according to the duty of a Commissary by the Ecclesiastical Laws
of England and we have further given and granted and do by these
presents give and grant to the said Bishop of Calcutta and his
successora during our pleasure all and singular the rights powers
ig8 THE AUSTRALIAN CHURCH
authorities functions and jurisdictions in and over all and every our
Territories within the limits of the Charter of the said United
Company of Merchants of England trading to the East Indies which
he and they may lawfully exercise in and over the territories under
the Government of the said United Company by virtue of the said
Letters Patent of the second day of May in the fifty fourth year of the
reign of His late Majesty King George the Third or in and over our
Territories in the Island of Ceylon by virtue of the said first recited
Letters Patent of the fifteenth day of August in the fifty seventh
year of his said late Majesty's Reign and the said last recited Letters
Patent of the fifteenth day of August in the fifty seventh year of
his said late Majesty's Reign or either of them subject always to the
several limitations reservations and provisions which in the same
several Letters Patent are fully set forth and we will that all causes
matters and things contained in the said several Letters Patent
shall so far as the same are applicable be applied to the jurisdiction
and functions of the Bishop of Calcutta in regard to all and every
the Territories hereby added to his Diocese as if the same were
herein inserted word for word. In witness etc. witness etc. the
twenty seventh day of May in the fourth year of our Reign,
By Writ of Privy Seal.
DOCUMENT C
LETTERS PATENT CONSTITUTING THOMAS HOBBES
SCOTT ARCHDEACON IN NEW SOUTH WALES.
Patent Roll No. 4275, George IV. Part IX. No. 2.
George the Fourth by the Grace of God, of the United Kingdom
of Great Britain and Ireland, King, Defender of the Faith. To all
to whom these presents shall come Greeting, whereas the doctrine
and discipline of the United Church of England and Ireland are
professed and observed by a considerable part of our loving subjects
resident within our colony, or settlement of New South Wales and
its Dependencies including Van Diemans Land, And whereas it is
expedient to make further provision for the due regulation and
order of persons duly ordained to officiate as Ministers of the United
Church of England and Ireland, within the same colony or settle-
ment. We have determined to constitute within the said colony or
settlement one Archdeaconry subject during our pleasure to the
Jurisdiction spiritual and Ecclesiastical of the Bishop of Calcutta
for the time being, and we do hereby erect found and constitute
6ne Archdeaconry in and over the British Territories within the
said colony of New South Wales and its Dependencies, to be styled
the Archdeaconry of New South Wales and to be subject and sub-
ordinate during our pleasure to the Bishop of Calcutta and his
successors as aforesaid according to the Ecclesiastical Laws of this
Realm, and to the end that this our intention may be carried into
due effect, we having full confidence in the piety, learning, morals,
probity and prudence of our well beloved Thomas Hobbes Scott,
Clerk, do name and appoint him the said Thomas Hobbes Scott to
be Archdeacon of the Archdeaconry of New South Wales as afore-
DOCUMENT C 199
said so that the said Thomas Hobbes Scott shall be and be taken to
be in all things Archdeacon of the said Archdeaconry of New South
Wales, and by virtue of this our nomination alone enter into and
fully and absolutely possess and enjoy the said office of Archdeacon
within the said Archdeaconry, subject to the powers of revocation
and resignation hereinafter more particularly expressed. And we
do hereby signify to our Right Trusty and well beloved The Right
Reverend Father in God the Lord Bishop of Calcutta that we have
nominated the said Thomas Hobbes Scott so to be Archdeacon of
New South Wales, and to be subject and subordinate during our
pleasure to him and his successors as aforesaid. And for a declara-
tion of our Royal will and pleasure in regard to the duties and
functions to be exercised by the said Archdeacon and his successors.
We do hereby declare that the said Archdeacon shall be within the
said Archdeaconry assisting to the Bishop of Calcutta in the exercise
of his Episcopal Jurisdiction and Function according to the duty of
an Archdeacon by the Ecclesiastical Laws of our Realm of England
and in as full and ample manner as the same are or may be lawfully
exercised by any Archdeacon within our Realm of England save as
hereinafter excepted. And we do further will, ordain, and declare
that the said Archdeacon shall, within his Archdeaconry, be and be
taken to be without further appointment the Commissary of the
said Bishop and his Successors and shall exercise Jurisdiction in all
matters as aforesaid, according to the duty and function of a
Commissary by the said Ecclesiastical Laws. And we do further
direct that during the vacancy of the said Archdeaconry or until
the person who shall be appointed by us to fill the same shall arrive
and take on him the duties of the said office and certify the same
in writing to the Governor of our said colony or settlement, the said
duties shall be performed by some discreet Minister in Priests Orders
of the Church of England who shall be nominated for that purpose
by our Governor for the time being of the said Colony or Settlement
of New South Wales. And, moreover, we command and by these
presents for us our heirs and successors strictly enjoin all and
singular our Governors, Judges and Justices, and all and singular
Chaplains Ministers and other our subjects within the territories
aforesaid that they and every of them be in and by all lawful ways
and means aiding and assisting to the said Archdeacon and his
Successors in the execution of the premises in all things. And we
do further will and direct that the said Archdeacon and his suc-
cessors may and shall from time to time appoint a proper and
sufficient person in the said Archdeaconry to act as Registrar
thereof and in case of no Registrar being so appointed, or the
Registrar being unable to act during any vacancy of the said Arch-
deaconry, we will and direct that the person officiating as such as
above directed may appoint any sufficient actuary to do all acts
and things to the said office of Registrar appertaining. And we do
further ordain that the Supreme Court of Jurisdiction in New South
Wales shall have such and the like Jurisdiction and power of
interfering by writ of prohibition or mandamus subject to the same
laws, restrictions and rules of practice as is or has been exercised
by our Court of Kings Bench at Westminster in regard to proceed-
ings in the Ecclesiastical Courts of England regard being had
nevertheless to any special provisions or exceptions contained in
200 THE AUSTRALIAN CHURCH
these our Letters Patent or to any other laws and regulations
specially applicable to or concerning our Colony or Settlement of
New South Wales as aforesaid. Moreover, it is our Royal will, and
we do hereby declare and ordain that nothing herein contained
shall extend or be construed to extend to repeal vary or alter the
provisions of our Charter whereby Ecclesiastical Jurisdiction was
given to the said Court of Jurisdiction so far as the same does not
relate to the correction of clerks or the spiritual superintendence of
Ecclesiastical persons or to give to the said Archdeacon or his
Successors any authority or Jurisdiction whatsoever in causes
testamentary or matrimonial or in matters now cognisable in the
said court, except as herein last before excepted. Moreover, we will
and grant by these presents that the said Archdeacon be a body
corporate and do ordain make and constitute him to be a perpetual
Corporation and to have perpetual succession. And that he and
his successors be for ever hereafter called and known by the name
of Archdeacon of New South Wales. And that he and his successors
by the name aforesaid shall be able and capable in the Law and
have full power to purchase have, take, hold and enjoy such Manors,
Messuages, Lands, Rents, Tenements, Annuities, and Hereditaments
of what nature or kind so ever in fee and in perpetuity or for term of
life or years as by grant or licence from our said Governor he or they
shall at any time be authorised to take hold or enjoy within our
Territories in the said Island or Settlement and all manner of goods,
chattels and things personal whatsoever of what nature or value so
ever and that he and his successors by and under the said name
may prosecute, claim plead and be impleaded, defend and be
defended, answer and be answered in all manner of courts of us
our heirs and successors and elsewhere in and upon all singular
causes, actions, suits, writs and demands real and personal and
mixed as well Temporal and Spiritual and in all other things causes
and matters whatsoever. And we do hereby declare that if we our
heirs or successors shall think fit to revoke or recall the appointment
of the said Archdeacon or his Successors for the time being and
shall declare such our or their pleasure by Letters Patent under
the Great Seal of the United Kingdom, then every such Archdeacon
shall from and after the notification thereof in such manner as in
the said Letters Patent shall from time to time be directed to the
said Archdeacon to all intents and purposes cease to be Archdeacon
as aforesaid And for removing doubts with respect to the validity
of resignation of the said Office of the said Archdeacon it is our
further will and pleasure that if the said Archdeacon or his Suc-
cessors shall by Instrument under his Hand and Seal delivered to
us or to the Governor of our said colony or settlement for the time
being and duly accepted and registered resign the office of Arch-
deacon aforesaid such Archdeacon shall forthwith cease to be
Archdeacon to all intents and purposes, but without prejudice to
any responsibility to which he may be liable in Law or Equity in
respect of his conduct in his office. And further to and that all
things aforesaid may be firmly holden and done, we will and grant
to the aforesaid Thomas Hobbes Scott that he shall have our Letters
Patent under our Great Seal of our United Kingdom duly made and
Sealed In Witness this second day of October 1824.
THE
DOCUMENT D 201
DOCUMENT D
LETTER OF EARL BATHURST TO SIR THOMAS
BRISBANE, GOVERNOR OF N.S.W.
(Historical Records of Australia, Series I, Vol. XI, pp. 419-422.)
Dispatch No. 47, per Ship Hercules.
DOWNING STREET,
list December, 1824.
Sir, His Majesty, having been pleased to erect an Archdeaconry
in the Colony of New South Wales by Letters Patent, bearing date
the second day of October 1824, has been pleased to nominate the
Rev. Thomas Hobbes Scott to be the first Archdeacon. Mr. Scott
will proceed by my direction to take upon himself the duties of his
Office,
2nd. The Duties of an Archdeacon are in a great measure denned
by the Letters Patent under which he has been appointed, and,
where they are silent, the Canons and Ecclesiastical Law of the
Church of England will furnish the rules by which his conduct will
be guided.
But in order to promote, as far as possible, the effectual ac-
complishment of those important purposes with a view to which
this appointment has been made, I take this opportunity of com-
municating to you His Majesty's pleasure upon some of the more
material questions which may be expected to arise respecting the
duties of the Archdeacon.
3rd. Mr. Scott will report his arrival to you as soon as possible
after he has reached the Colony ; and you will cause a Proclamation
to be issued in His Majesty's name for making known to all His
Majesty's subjects in the Colony the erection of the new Arch-
deaconry, and the appointment of the Rev. Mr. Scott as the first
Archdeacon, and requiring all the Clergy of the Established Church
and other of his Majesty's subjects to yield all due Canonical
obedience to the Archdeacon.
4th. It will be one of the earliest duties of the Archdeacon to
exercise, in His Majesty's behalf, the power of Visitor of all Schools
maintained throughout the Colony by His Majesty's revenue ; and
he will transmit to you his report of such circumstances connected
with those establishments as he may think necessary to bring under
your consideration, or to transmit through you to this Department.
5th. The Archdeacon will also enter, with all convenient dispatch,
upon the performance of the important office of making a public
visitation of all the Churches throughout the Colony, including the
Settlement of Van Diemen's Land. The various Chaplains in the
Colony, and all Church Wardens, Officiating Clerks, and other
persons connected with the celebration of Divine Worship, or with
the service and care of ecclesiastical edifices, will understand that
they are bound to attend the Archdeacon's Visitation, and to render
to him such information as he may require from them connected
with the spiritual or secular concerns of the Church,
202 THE AUSTRALIAN CHURCH
This Visitation will be annually repeated. The periods for making
it will be fixed by the Archdeacon, who will, however, communicate
with you before he notifies to the Clergy his intention of holding
such visitations. You will, of course, afford him every degree of
assistance and co-operation which it may be in your power to
render.
6th. The distance of Van Diemen's Land from Sydney rendering
it impossible that the Archdeacon should, in his own person, maintain
an habitual inspection of the concerns of the Church throughout the
whole of his Archdeaconry, he will appoint a proper person to
officiate as rural Dean in Van Diemen's Land during his absence
from that Settlement ; and you will make that appointment known
to the Lieut. Governor of the Island.
7th. In the execution of his office, and especially of the ecclesi-
astical jurisdiction vested in him by his Patent, questions of a
legal nature may arise, upon which it may be desirable that the
Archdeacon should receive the opinion and advice pf one or both
of His Majesty's Law Officers in the Colony. You will therefore
transmit officially to the Attorney-General, or in cases of special
importance both to thg Attorney and Solicitor-General, for their
opinion and advice on any questions of a legal nature which the
Archdeacon may desire you to propose to them in reference to his
official duties.
8th. In the event of its becoming necessary that the Archdeacon
should exercise the ecclesiastical jurisdiction with which he is
invested, you will signify to the Attorney-General of the Colony, or,
if for any reason he should be unable to act, then to the Solicitor-
General, that it is His Majesty's pleasure that he should act as
Assessor of the Archdeacon's Court, for the purpose of assisting the
Archdeacon's judgment upon any questions of law which may arise
in the course of any judicial process depending before him.
gth. Upon the arrival of any Chaplains in the Colony, by virtue
of any appointment made subsequent to the date of the Arch-
deacon's Patent, such Chaplain will, in the first instance, report his
arrival to you ; it will then become your duty to refer him to the
Archdeacon, who, with all convenient expedition, will signify to
you in writing his opinion on what particular station such Chaplain
may be most advantageously placed ; and you will accordingly, in
deference to the judgment of the Archdeacon, appoint such Chaplain
to officiate in the place which may be so recommended to you.
zoth. It will further be the duty of the Archdeacon to regulate,
in reference to the Canons of the Church of England, the times at
which Divine Service shall be performed in each of the Churches,
Chapels and Public Establishments of the Colony ; and he will be
authorised to admonish the Clergy respecting the particular seasons
at which they are to perform the various Ordinances contained in
the Book of Common Prayer.
nth. All the inferior officers connected with the ecclesiastical
establishment throughout the Colony, such as Vergers, Clerks,
Sextons and Bell Ringers, will be nominated by the officiating
Minister of the Church or Chapel to which they may be attached.
Every such nomination will be reported by such Minister to the
Archdeacon for his approbation, and, unless the Archdeacon should
see good cause to disallow any such appointment, he will approve
DOCUMENT D 203
and confirm it ; and thereupon the person so appointed will be
considered as invested with his Office, though subject to be removed
by the Archdeacon for any reasonable and sufficient cause to be
adjudged by him.
i ath. In the event of any Clergyman conducting himself in such
a manner as to create' a public and notorious scandal, or being
guilty of any gross neglect or abuse of his clerical duties, if the
Archdeacon should be of opinion that the case is such as that the
interests of religion require the suspension of any such person from
his clerical functions, and should certify that opinion to you in
writing under his hand, you will be authorised to act upon the
Archdeacon's recommendation and responsibility, and to suspend
any such clergyman accordingly ; and it will be the duty of the
Archdeacon immediately to transmit through you to his Diocesan a
full statement of the case. If the restitution, or the further sus-
pension, or the permanent removal of any such clergyman should
be ultimately directed by the Bishop of the Diocese, you will act
in that case in conformity with such decision as you may receive
from him. It is, however, to be distinctly borne in mind that, as
the Archdeacon will not interfere in recommending the suspension
of any Clergyman, except on the ground of offences committed
against the order and discipline of the Church of England, or of
immoral and licentious conduct, you will exclusively retain in your
own hands the power of animadverting upon the conduct of any
Clergyman whose offences or misconduct may be merely of a
political nature.
I3th. If any special occasion should arise (such, for example, as
the celebration of Public Fasts and Thanksgivings), in which it may
be necessary to observe special and peculiar ecclesiastical ceremonies,
you will, in His Majesty's name, issue such a Proclamation for that
purpose, as may be prepared and recommended by the Archdeacon
under your immediate sanction and direction.
All questions which may arise for your decision relative to the
stipends and allowances of the inferior Clergy, will be submitted by
you to the Archdeacon for his opinion and advice before you finally
adopt any measures respecting them.
I4th. I have to communicate to you His Majesty's pleasure that
the Archdeacon is to take rank and precedency in the Colony next
after the Lieut.-Governor ; and you will, on all public occasions, be
careful to confer on him such marks of attention as may most
effectually recommend his person and his Sacred Office ,-to the
respect of the lower and less educated classes of society.
1 5th. In the event of any difference of opinion arising between
the Archdeacon arid yourself, respecting your relative duties and
authority, you will transmit to me such explanations as the case
may require, in order that I may be enabled to furnish you with
instructions for your guidance.
i6thl His Majesty, having been pleased to grant a salary of two
thousand pounds sterling English money, for the support of the
Archdeacon, you will observe that this salary commenced from the
5th April last, the date of Mr. Scott's appointment, and that it will
be payable by half-yearly instalments on the usual half-yearly days,
and that each half-yearly payment is to be effected in the same
'manner, in the same currency, and at the same rate of exchange,
204 THE AUSTRALIAN CHURCH
in which the corresponding instalment of your own official income
may have been paid. You will further defray, out of that part of
the public revenues which is subject to your approbation, such
moderate expenses as the Archdeacon may unavoidably incur in
making his visitations, the charge for such expense being previously
laid by you before your Council and allowed by them,
1 have, etc.,
BATHURST
DOCUMENT E
REPORTS FROM COMMITTEES. SESSION 1831-1832.
Vol. IX [East India Company's Affairs, Vol. II]. Pp. 810 f,
Sketch of a Plan for the Ecclesiastical Government of British India,
and of certain Colonial possessions of the Crown of Great Britain.
British India to be divided into two dioceses Calcutta and
Madras.
The Diocese of Calcutta to comprise the presidency of Bengal
and its dependencies, viz : the settlements on the eastern coast of
the Bay of Bengal, Prince of Wales' Island, Malacca, etc.
The Diocese of Madras, the two presidencies of Madras and
Bombay.
The Diocese of Calcutta to be divided into two archdeaconries,
Calcutta and Agra. The archdeaconry of Agra to extend from the
extreme North of the British Possessions to Allahabad inclusive,
and from the Western limits of the presidency to the River Goggree ;
all the rest of the diocese to be considered as appertaining to the
archdeaconry of Calcutta.
The Diocese of Madras to retain the two archdeaconries of Madras
and Bombay as they stand at present.
For the establishment and number of chaplains in the Diocese of
Calcutta, see Sketch, No. 2. 1
The colonial possessions of the Crown as here enumerated, viz :
The Cape of Good Hope, The Isle of France, Ceylon, New South
Wales, Van Diemen's Land, and the detached settlements established,
or which may hereafter be established, on the coast of New Holland,
to be placed under the joint superintendence and authority of the
two Indian Bishops in matters purely ecclesiastical ; who shall be
empowered to perform all the functions attaching to the office of
a Bishop within the several colonies above mentioned, the civil
governors retaining and continuing to exercise all the powers and
privileges conferred upon them by their Letters Patent. Each
colony to be visited once in three years, at least, by one or the other
of the Bishops ; the time and manner of holding the visitation
being arranged between the prelates themselves in concert with the
respective colonial governments.
The Bishop of Calcutta to receive from the Indian Government
1 This is not printed here. It will be found in the Reports from Com~
mittees, immediately following this document, p. 811,
DOCUMENT F 205
4000 sterling by the year paid in full as salary : Sicca rupees 500
per mensem 1 for house rent and an extra allowance of Sa Ra 1,000
per mensem, while actually engaged on visitation, but the time
employed in such visitation never to exceed four months in one year.
The amount of salary and allowances for the Bishop of Madras
to be determined hereafter.
Each Bishop to receive ^1,000 sterling per annum from the King,
with an allowance from the territorial revenues of each colony
visited, sufficient to cover his passage money and travelling expenses
actually on visitation.
The salary of the archdeacon to be fixed at Sa Ra 1,200 per
mensem with Sa Ra 300 for house rent.
All salaries to be paid in full according to the plan now pursued
in respect to the judicial appointments.
DOCUMENT F
LETTERS PATENT FOR ASSIGNING NEW LIMITS TO THE
DIOCESE OF CALCUTTA, AND FOR CONFERRING ON THE
BISHOP OF CALCUTTA METROPOLITICAL JURISDICTION
IN INDIA.
Howley's Register, Folio 169 ff.
William the Fourth by. the Grace of God, of the United Kingdom
of Great Britain and Ireland, King, Defender of the Faith, to all to
whom those presents shall come greeting. Whereas, His late
Majesty our Royal Father, King George the Third, did by Letters
Patent under the Great Seal of our United Kingdom of Great
Britain and Ireland, bearing date the Second day of May, in the
Fifty Fourth year of His Reign, and found and constitute our
Territories, under the Government of the East India Company, to
be a Bishop's See, and to be called from thenceforth the Bishopric
of Calcutta.
And His said late Majesty by His same Letters Patent, did give
and grant to THOMAS FANSHAW MIDDLETON, the first Bishop
of Calcutta, and to his Successors Bishops of Calcutta, full power
and authority to perform all the Functions peculiar and appropriated
to the Office of a Bishop, within the limits of the said See, but not
elsewhere, and also by himself or themselves, or by his or their
Commissary or Commissaries, to exercise Jurisdiction, Spiritual and
Ecclesiastical, in and throughout the said See and Diocese, according
to the Ecclesiastical Laws of England, in the several causes and
matters therein expressed and specified and no other. And His
said late Majesty by His same Letters Patent, did make a further
declaration concerning the special causes and matters in which he
would, that the aforesaid Jurisdiction be exercised. And did give
1 Sicca-rupee originally a newly coined rupee accepted at a higher
value than those worn by use, latterly a rupee coined under the Govern-
ment of Bengal from 1793, and legally current till 1836 of a greater
weight than the Co.'s rupee. Cf . A New English Dictionary on Historical
Principles, Vol. IX, Part I. Edited by W. A. Craigie and Henry Bradley,
Oxford.
206 THE AUSTRALIAN CHURCH
and grant to the aforesaid Bishop and His Successors, certain
powers and authorities for the performance of His and Their
Episcopal Functions, subject, however, to certain limitations and
reservations, as on reference to the said Letters Patent will more
fully appear, and for aiding the said Bishop of Calcutta, in the due
and Canonical Superintendance of Ecclesiastical person and affairs.
His said late Majesty, by His said Letters Patent, did erect one
Archdeaconry in and over the Presidency of Fort William in Bengal,
to be styled the Archdeaconry of Calcutta, and one other Arch-
deaconry, in and over the Presidency of Fort Saint George, on the
Coast of Coromandes, to be styled the Archdeaconry of Madras,
and also one other Archdeaconry in and over the Presidency and
Island of Bombay, on the Coast of Malabar, to be styled the Arch-
deaconry of Bombay, all such Archdeaconries to be subject and
subordinate to the said Bishop's See of Calcutta.
And His said late Majesty did by His said Letters Patent, nominate
his well beloved Henry Lloyd Loring, Doctor in Divinity, to be
Archdeacon of the Archdeaconry of Calcutta. His well beloved
John Moulsey, Doctor in Divinity, to be Archdeacon of the Arch-
deaconry of Madras, and His well beloved George Barnes, Doctor
in Divinity, to be Archdeacon of the Archdeaconry of Bombay.
And His said late Majesty did by His said Letters Patent declare
that each of the said Archdeacons, should, within His Archdeaconry,
be assisting to the Bishop of Calcutta, in the exercise of such
Episcopal Jurisdiction, as His said late Majesty had by His said
Letters Patent been pleased to limit to the said Bishop of Calcutta
according to the duty of an Archdeacon by the Ecclesiastical Laws
of England. And His said late Majesty did by His said Letters
Patent further ordain and declare that each of the said Archdeacons,
should within the Archdeaconry be and be taken to be without a
further appointment the Commissary of the said Bishop of Calcutta
and His Successors, and should exercise Jurisdiction in all the
matters aforesaid according to the duties and functions of a Com-
missary by the said Ecclesiastical Laws. And His said late Majesty
by His said Letters Patent, did grant to the said Bishop of Calcutta
and His Successors, the right of collating to the said Offices of Arch-
deacon at all times, to come after the death or other avoidance of
the said Henry Lloyd Loringj John Moulsey and George Barnes,
any Priest being one of the Chaplains of the said Company resident
in India. And His said late Majesty did by His said Letters Patent,
further will and direct that the said Bishop of Calcutta and His
Successors might from time to time appoint a proper and sufficient
person in each Archdeaconry, to act as Registrar thereof, and in
case of no Registrar being so appointed or the Registrar being
unable to act as Registrar thereof, His said late Majesty willed
and directed that the said Bishop of Calcutta or the Com-
missaries respectively, . might appoint any sufficient person as
actuary to do all acts as Registrar. And His said late Majesty, did
by His said Letters Patent, will that during a vacancy of the said
See, by the demise of the said Bishop or His Successors or otherwise
the Episcopal Jurisdiction and Functions appertaining to the said
See should be exercised as far as by Law, they might by the Arch-
deacon of Calcutta for the time being, or in case of a vacancy of the
said Archdeaconry then by the Archdeacon of Madras or the Arch-
DOCUMENT F 207
deacon of Bombay or by Two Clergymen of the Church of England
resident within the Diocese as might be directed by the Governor
General in Council of Fort William. And His said late Majesty did
by His said Letters Patent, nominate, institute and appoint divers
Officers therein named, to be Commissioners delegate, to 'hear,
decide and determine appeals, in manner therein mentioned or
referred to. And His said late Majesty, did by His said Letters
Patent, further will and declare and obtain, that in case any pro-
ceedings should be instituted against any Archdeacon, such proceed-
ings should originate and be carried on before the said Commissioners
delegate whom by His said late Majesty by His said Letters Patent,
authorised and directed to take cognisance of the same. And whereas
His said late Majesty Geo. Third, did by other Letters Patent,
under the Great Seal of our said United Kingdom, bearing date the
twenty seventh day of September, in the Fifty Seventh year of His
Reign, erect, found and constitute an Archdeaconry in and over the
British Territories within the Island of Ceylon, in the said East
Indies, to be styled the Archdeaconry of Columbo, such Arch-
deaconry to be subject and subordinate during his Royal pleasure
to the Jurisdiction of the Archbishop of Calcutta. And His said
late Majesty, did by His said Letters Patent, declare that the said
Archdeacon should within his Archdeaconry be assisting to the
Bishop of Calcutta, in the exercise of his Episcopal Jurisdiction
and Functions, according to the duty of An Archdeacon by the
Ecclesiastical Laws of England, and should be the Commissary of
the said Bishop and His Successors, and should exercise Jurisdiction
according to the duty and Functions of a Commissary, by the said
Ecclesiastical Laws. And His said late Majesty, did by His said
Letters Patent, will and direct, that the said Bishop, and His
Successors, might from time to time during all such times as the
said Archdeaconry should be subject to the Jurisdiction of the Bishop
of Calcutta, appoint a proper and sufficient person in the said Arch-
deaconry to act as Registrar thereof, and in the case of no Registrar
being so appointed or the Registrar being unable to act, His said late
Majesty willed and directed that the said Bishop, or the Commissary
respectively, might appoint any sufficient person as Actuary to
do all acts as Registrar. And whereas His said late Majesty, by
other Letters Patent, under the Great Seal of our United Kingdom,
and bearing date the Twenty Seventh day of September, in the
Fifty seventh year of His reign, in order to give full effect to his
Royal intention in respect of the Archdeaconry of Columbo and for
removing all doubts touching the Jurisdiction of the Bishop of
Calcutta and His Successors, over the said Archdeacon and Arch-
deaconry, did give and grant that the Bishop of Calcutta and His
Successors, during His Royal pleasure, all and singular, the .Rights,
Powers, Authorities, Functions and Jurisdictions, in and over the
said Archdeaconry and Archdeacon of Columbo, which he and they
might lawfully exercise within the three Archdeaconries of Calcutta,
Madras, and Bombay, except the right of collating to the said
Archdeaconry of Columbo, subject always to the several limitations,
reservations and provisions which in the said Letters Patent of the
Second day of May, in the fifty fourth year of His said late Majesty's
reign, were fully set forth. And His said late Majesty, willed that
all clauses, matters and things contained in His said last mentioned
208 THE AUSTRALIAN CHURCH
Letters Patent, should be deemed to be applicable to the Jurisdictions
and Functions of the Bishop of Calcutta in regard to the Archdeaconry
of Columbo and to all appeals by persons who should conceive
themselves aggrieved by any judgment or decree of the said Bishop
or his Commissary, and to all proceedings against the said Arch-
deacon, as if the same were therein inserted word for word, provided
only that the copy of the sentence in any such case should be
certified and transmitted to the Governor of Ceylon for the time
being. And whereas the Venerable Thomas Robinson, Master of Arts,
is the present Archdeacon of the said Archdeaconry of Madras, and
whereas the Venerable James Sutherland Moncrief Glenie, is the
present Archdeacon of the Archdeaconry of Columbo. And whereas
His said late Majesty our Royal Brother, King George the Fourth,
did by Letters Patent under the Great Seal of our said United
Kingdom of Great Britain and Ireland, bearing date the twenty
seventh day of May, in the fourth year of His reign, ordain and
declare His Royal will and pleasure, " that from thenceforth the
whole of our Territories within the Limits of the Charter of the East
India Company, should form and constitute the See and Diocese of
Calcutta." And whereas by our Letters Patent under the Great
Seal of our said United Kingdom, bearing date the sixteenth day of
April, 1833, in the third year of our reign, we appointed our well
beloved Daniel Wilson, Doctor in Divinity, to be Bishop of the said
Bishopric of Calcutta, which was then vacant. And whereas the
present Diocese of the Bishopric of Calcutta is of too great an extent
for the incumbent thereof to perform efficiently all the duties of
the Office, without endangering his health and life, And it is therefore
expedient to assign new limits to the said Diocese by dissevering
therefore the Territories hereinafter mentioned, and to found a
separate and distinct Bishopric, by, but nevertheless the Bishop
thereof to be subordinate and subject to the Bishop of Calcutta for
the time being as his Metropolitan. Now know ye that for the ac-
complishment of the aforesaid objects, we do by these presents
ordain and declare our Royal will and pleasure, that from and
after the tenth day of October next, the Territories now within
the limits of the Presidency of Madras and also the Territories
within our Island of Ceylon and also our Colonies of New South
Wales and Van Diemens Land and their respective Dependencies,
shall be dissevered from, and cease to be parts of the said Diocese
and See of Calcutta, And we do by these presents revoke all and
singular the Rights, Powers, Authorities, Functions and Jurisdic-
tions of the said Bishop of Calcutta and His Successors, in and
over (the Territories within the said presidence of Madras, and
also) the Territories within our Island of Ceylon, and our said
Colonies of New South Wales and Van Diemens Land and their
respective Dependencies except only such Rights, Powers, Authori-
ties, Functions and Jurisdictions as shall be hereinafter limited or
confirmed, and to the end that our said intention may be the
better carried into effect.
We both hereby will declare and ordain that the said Thomas
Robinson and His Successors Archdeacons of the said Archdeaconry
of Madras, shall from and after the said tenth day of October next,
cease to be assisting to the said Bishop of Calcutta and His Suc-
cessors in the exercise of the ordinary Episcopal Jurisdiction, by
DOCUMENT F 209
His said late Majesty King George the Third, limited by His said
first mentioned Letters Patent, to the said Bishop of Calcutta, and
cease to be the Commissary of the said Bishop of Calcutta and His
Successors. And it is our further Will and we do hereby further
declare that the Power, Right and Authority, to the Said Bishop of
Calcutta and His Successors, given and granted by the same Letters
Patent, to collate to the Office of Archdeacon of Madras, any
Chaplain of the East India Company, resident in India, shall from
and after the said tenth day of October next, cease and be revoked,
and we do hereby revoke the said Power, Right and Authority
accordingly. And it is our further will and we do hereby further
declare that the power right and authority to the said Bishop of
Calcutta and his successors given and granted by the same Letters
Patent to appoint a Registrar of the said Archdeaconry of Madras
and to assume an Actuary to act as Registrar thereof shall from
and after the said tenth day of October next cease and be revoked
and we do hereby revoke the said power right and authority
accordingly. And we do hereby further will and declare and ordain,
that the said James Sutherland Montcrief Glenie and His Suc-
cessors, Archdeacons of Columbo, shall from and after the said
tenth day of October next, cease to be assisting to the said Bishop
of Calcutta and His Successors, in the exercise of his Episcopal
Jurisdiction and Functions, by the said Letters Patent of His said
late Majesty, King George the Third, bearing date the twenty
seventh day of September, in the fifty seventh year of His reign,
limited as well, expressly or by reference to the said Bishop of
Calcutta, and cease to be the Commissary of the said Bishop of
Calcutta and His Successors. And it is our further will, and we do
hereby further declare that the Power, Right, and Authority, to
the said Bishop of Calcutta and His Successors given and granted
by the said Letters Patent, of His said late Majesty, King George
the Third, bearing date the. twenty seventh day of September, in
the Fifty Seventh year of His reign, to appoint a Registrar of the
said Archdeaconry of Columbo, and to assume an Actuary to act
as Registrar thereof, shall from and after the said tenth day of
October next, cease and be revoked, and we do hereby revoke the
said Power, Right and Authority accordingly, provided that nothing
herein contained shall extend to affect any- matter or cause now
pending, on which before the said tenth day of October next, may
be pending in the Court of the Bishop of Calcutta, or in the Court
of any of his Archdeacons or Commissaries, and that every judge-
ment or decree of the said Bishop or his Archdeacons or Com-
missaries already made, or hereafter to be made, in any matter or
cause now pending or which shall be so pending as aforesaid, shall
have such and the like force and effect in all respects, as if those
our Letters Patent had, not been made. And it is our further will,
and we do hereby declare and ordain, that the said provision con-
tained in the said Letters Patent, dated the second day of May,
in the fifty fourth year of the reign of His said late Majesty, King
George the Third for temporarily supplying a vacancy of the said
See of Calcutta shall from and after the said tenth day of October
next, cease and be revoked, and we do hereby revoke the same
provision accordingly. And whereas it is our intention by Letters
Patent, under the Great Seal of our said United Kingdom, bearing
210 THE AUSTRALIAN CHURCH
even date with these presents, to erect, found and constitute our
Territories in the East Indies within the limits of the Presidency of
Madras, and also our Territories within the said Island of Ceylon,
to a Bishop's See, and to be called from henceforth the Bishopric of
Madras, and to name and appoint our well beloved Daniel Cor rie,
Doctor of Laws, now Archdeacon of Calcutta, to be Bishop of the
See of Madras, and to grant to such Bishop of Madras and His
Successors such or the like Ecclesiastical Jurisdiction and the
exercise of such or the like Episcopal Functions within the said
See of Madras, a were heretofore enjoyed and exercised by the
said Bishop of Calcutta, within the limits of the said Presidency of
Madras, and within our Territories in the said Island of Ceylon.
Now we do further will and ordain, that the Bishop of the said See
of Calcutta for the time being shall be and be deemed and taken to
be the Metropolitan Bishop in India, and shall have and enjoy and
exercise such Ecclesiastical Jurisdiction as hereinafter is mentioned,
subject nevertheless to the general Superintendence and revision of
the Archbishop of Canterbury for the time being, in the same
manner as the said Bishop of Calcutta was subject and subordinate
to the Archiepiscopal See of the Province of Canterbury in the
exercise of all Ecclesiastical Jurisdiction and Powers, which previ-
ously, to those our Letters Patent were vested in the said
Bishop and we will and ordain that the said Bishop of Madras
shall be suffragan to the said Bishop of Calcutta and His
Successors. And we give and grant unto the said Bishop of Calcutta
and His Successors, full Power and Authority to perform all
Functions, peculiar and appropriated to the Office of Metropolitan,
within the limits of the said See of Madras, and to exercise Metro-
political Jurisdiction within the limits of the said See of Madras
and to exercise Metropolitical Jurisdiction over the Bishop of
Madras and his successors and the Archdeacon of Madras and
Colombo and all other Chaplains, Ministers, Priests and Deacons
in Holy Orders of the United Church of England and Ireland,
within the limits of the said Diocese of Madras. And we do by
these presents give and grant unto the said Bishop of Calcutta
and His Successors, full power and authority to visit once in every
five years, or oftener, if occasion shall require, as well the said
Bishop of Madras and His Successors as all Ministers and Chaplains
and all Priests and Deacons in Holy Orders of the United Church
of England and Ireland resident in the said Diocese of Madras for
correcting and supplying the defects of the said Bishop of Madras
and His Successors, with all and all manner of Visitatorial Jurisdic-
tion, Power and Coercion. And we do hereby authorise and empower
the said Bishop of Calcutta and His Successors to inhibit during
any such visitation of the said Diocese of Madras the exercise of all,
or of such parts of the ordinary Jurisdiction of the said Bishop of
Madras or His Successors as to him the said Bishop of Calcutta and
His Successors shall seem expedient, in, and during the time, of such
visitation, to exercise by himself or themselves or his or their
Commissaries, such. Powers, Functions and Jurisdictions, in and
over the Diocese of Madras as the said Bishop of Madras might
have exercised if he had not been inhibited from exercising the
same. And we do further ordain and declare that if any person
against whom a Judgement or Decree shall be pronounced by the said
DOCUMENT F 211
Bishop of Madras or His Successors, or his or their Commissary or
Commissaries, shall conceive himself to be aggrieved by such
sentence, it shall be lawful for such person to appeal to the said
Bishop of Calcutta or His Successors, provided such appeal be
entered within fifteen days after such sentence shall have been
pronounced , And we do give and grant to the said Bishop of Calcutta
and His Successors, full Power and Authority, finally to decide and
determine the said appeals in as ample a manner as any of the
Archbishops of England can or may hear and determine appeals
from the Courts of the Bishop within his Province. And we do hereby
authorise, and empower the said Bishop of Calcutta, and His Suc-
cessors, and his and their Commissary or Commissaries, to administer
in his and their Metropolitical and Visitatorial and Appellate Jurisdic-
tion over the said See of. Madras, all such Oaths as the said Bishop
of Calcutta and his predecessors have been accustomed lawfully to
administer in his and their ordinary Jurisdiction. Nevertheless we
do will, and by these Presents declare and ordain that in the
exercise of the Metropolitical Visitatorial and Appellate Jurisdiction
aforesaid hereby limited and given to the said Bishop of Calcutta
and His Successors all grave matters of correction which are
accustomed according to the practice of the Ecclesiastical Laws of
England, to be judicially examined, shall in like manner be judically
examined and proceeded in before the said Bishop of Calcutta and
His -Successors or His or Their Commissary or Commissaries and
all such causes shall be proceeded in to final sentence in due form
of Law. And we do further will and ordain, that in case any pro-
ceedings shall be instituted against any Bishop of Madras, such
proceedings shall originate and be carried on before the said Bishop
of Calcutta, whom we hereby authorise and direct to take cog-
nisance of the same. And we further will that during a vacancy of
the said See of Calcutta, by the demise of the Bishop thereof for
the time being, or otherwise, the Episcopal Jurisdiction and
Functions appertaining to the said See, shall be exercised by the
Bishop of Madras for the time being, and in case of a vacancy in
the said See of Madras, then the same Jurisdiction and Functions
shall be exercised as far as by Law they may, by the Archdeacon of
Calcutta for the time being or in case of a vacancy of the said Arch-
deaconry, then by the Archdeacon of Madras, or the Archdeacon of
Bombay, or by two Clergymen of the Church of England, resident
within the Diocese of Calcutta, as may be directed by the Governor
General of India in Council. And we further will, that during
a vacancy of the said See of Madras, by the demise of the Bishop
thereof for the time being, or otherwise, the Episcopal Jurisdiction
and Functions appertaining to such See, shall be exercised by the
Bishop of Calcutta for the time being, and in case of . a vacancy
of the said See of Calcutta, then the same Jurisdiction- and Functions
shall be exercised as far as by Law they may by the Archdeacon
of the See of Madras for the time being, or in case of a vacancy of
such Archdeaconry then by two Clergymen of the Church of England,
resident within the Diocese, as may be directed by the Governor
General of India in Council. And we further will and ordain
that a copy of every sentence of deprivation suspension or
other Ecclesiastical punishment or censure whatsoever promulgated,
or given or affirmed by the said Bishop of Calcutta or His Successors
212 THE AUSTRALIAN CHURCH
in the exercise of His or Their Metropolitical Visitatorial, or
Appellate Jurisdiction shall be certified and transmitted to the
same persons and in the same manner as copies of sentences pro-
mulgated or given by the said Bishop of Calcutta, or His Successors
in the exercise of His or Their ordinary Jurisdiction, ought to be
certified and transmitted. And we further ordain that the Supreme
Court of Judicature at Calcutta, Madras or Bombay, of in Ceylon
as the case may be, shall have such and the like Jurisdiction and
Power of interfering by writ of prohibition or Mandamus in regard
to all proceedings to be had or instituted or which might be had or
instituted in pursuance of those presents, subject to the same Laws,
Restrictions and Rules of practice as is or has been exercised by
our Court of Kings Bench at Westminster, in regard to proceedings
in the Ecclesiastical Court in England, regard being had never-
theless to any special provisions or exceptions contained in those
our Letters Patent, and to any other Laws and regulations specially
applicable to, or concerning our Territories in the East Indies, or
the See and Diocese of Calcutta. Moreover it is our Royal Will,
and we do hereby declare and ordain that nothing in those Presents
contained shall extend or be construed to extend, to repeal, vary
or alter the provisions of the several Charters whereby Ecclesiastical
Jurisdiction has been given to the said Court of Judicature respec-
tively, so far as the same does not appertain to the correction of
Clerks or the Spiritual Superintendence of Ecclesiastical persons, or
to give to the said Bishop of Calcutta or His Successors, any
Authority or Jurisdiction whatever, in matters now cognisable in
the said Courts except as herein last before excepted. And moreover
we command and enjoin the Court of Directors of the East "India
Company and their Governors, Officers and Servants and our
Governor of Ceylon, and all and singular our Governors, Judges
and Justices and all and singular Chaplains, Ministers and others,
our subjects within the parts aforesaid, that they and every of
them, be in and by all lawful way and means aiding and assisting to
the said Bishop of Calcutta and His Successors, in the execution of
the promises in all things, in witness whereof we have caused these
our Letters to be made Patent, Witness ourself at Westminster, the
Thirteenth day of June, in the Fifth year of our reign.
DOCUMENT G
GOVERNOR BOURKE TO RIGHT HON. E. G. STANLEY.
(Historical Records of Australia, Series I, Vol. XVII, pp. 224-233.)
Dispatch No. 76, per ship Elizabeth; acknowledged by Lord
Glenelg, soth November, 1835.
GOVERNMENT HOUSE,
SIR, $*& 30/1833-
Having lately received the Order of the King In Council for
30 Sept. dissolving the Church and School Corporation in New South
Order to Wales, unaccompanied by any intimation of the views of
absolution His Majesty's Government as to the future maintenance
oi Church a nd regulation of Churches and Schools within the Colony,
Corpora- j d ee m it my duty to submit for your consideration such
DOCUMENT G 213
observations upon these important subjects as my know-
ledge of the state of the Country enables me to offer, and
to suggest such arrangement as will in my opinion meet
with the favour and support of the great majority of the
Colonists, and thereby promote with the best assurance of Schools
success the religious instruction and general education of this People.
To enable you, Sir, to ascertain more clearly the propriety of the
measures I shall have the honor to propose, I would . oug
observe that the Inhabitants of this Colony are of many demonina-
diff erent religious persuasions, the followers of the Church tions in
of England being the most numerous ; but there are also ony
large bodies of Roman Catholics and Presbyterians of the Church
of Scotland, besides Protestant Dissenters of many different de-
nominations having separate Places of Worship. Of the Convicts
who have arrived here for the last seven years, about one third
are Irish and Catholic ; and, if the Families of these
Persons, arriving from Ireland in considerable numbers, O f po
are taken into account, it may be stated with some prob-
ability of accuracy that about one fifth of the whole
population of the. Colony is Catholic. The Members of the Church
of .Scotland form a smaller proportion but are amongst
the most respectable of the Inhabitants, and are to be found
with few exceptions in the Class of Free Emigrants. For
administering the cimces of religion to these three principal de-
nominations of Christians, there are of the Church of England an
Archdeacon, fifteen Chaplains and four Catechists ; of
the Church of Scotland four paid Ministers ; and of the supported
Romish Church there are a Vicar General and two Priests byGovern-
at present receiving Stipends from Government ; but men
further sums have been voted by the Council for the support of
four additional Roman Catholic Chaplains in the next year. The
Clergy of the Church of England are supported chiefly by payments
from the Treasury and to a small amount by the Rent and Sale of
Lands formerly granted to the Church and School Corporation.
The charge for the Church of England next year including that for
Minor Church Officers and contingencies of all sorts, is estimated
at 11,542 : IDS. The whole charge on the Public Treasury for the
Church of Scotland for the same period is 600 and for the Roman
Catholic Chaplains and Chapels 1,500. The Protestant Dissenters
receive no support from Government beyond some small grants of
Land made to some of them as Sites, upon which to erect their
Places of Worship.
With respect to places of Worship, it may be convenient to
observe here that the Church of England possesses at this 1833
time in Sydney and within 40 miles of it seven Stone or 30 Sept.
Brick Churches of Moderate size but respectable appear-
ance, besides two others of the same description in more and
remote parts of the Colony, and several less permanent
Buildings in various Places. The expense of erecting these Houses
I cannot immediately ascertain ; but it has been considerable and
has been wholly defrayed by Public Funds. The Church of Scotland
possesses one Church of respectable exterior in Sydney, and two or
three temporary Buildings in the Country Districts. The Scots
Church in Sydney was built by subscription, aided by a loan from
214 THE AUSTRALIAN CHURCH
this Government amounting to , for which a Mortgage has
been taken of the. premises, but no part of the Money has yet been
repaid. The Church of Scotland has received no other aid for
Buildings that I can discover. The Roman Catholics possess one
large and handsome Church in Sydney not yet completed. In aid
of its construction, donations amounting in all to about 1,200
have been at different times granted by this government. The ,
Sum of 400, included in that of 1,500 before mentioned, has beert
appropriated by the Council, to be paid in the next year in aid of
a similar sum to be raised by private subscriptions, for erecting,
Roman Catholic Chapels at Maitland and Campbelltown. A Chapel
was begun at the latter place as well as at Paramatta some years
ago, but neither have been completed from want of funds.
The Chaplains of the Church of England are provided with Glebes
of 40 Acres each or with a Money allowance in lieu, and with
ces for en " Houses or Lodging money. No advantage of this kind,
Chaplains obtained at the Public expense, is possessed by the Clergy
Church f the Established Church of Scotland or by the Roinan
* Catholics, if I except a Grant of 40 acres for the use of the
Englana Minister of the Scots Church at Bathurst,
A distribution of support from the Government of so unequal an
amount as that, which I have just described, cannot be
adverse to supposed to be generally acceptable to the Colonists,- who
Preference provide the funds from which this distribution is made.
luieon iai " Accordingly the magnitude of .the sums annually- granted
Church for the support of the Church of England in New South
England Wales is very generally complained of, and a Petition to
the Governor and Legislative Council has been lately
prepared at a Public meeting and very numerously signed .praying
for a reduction of this Expenditure, If the complaint be well
founded, as I confess I consider it to be, the recent dissolution of
the Church Corporation affords an opportunity for placing upon an
equitable footing the support, which the principal Christian
jufsept. Churches in the Colony may for the present claim from the
Proposal Public Purse. I would therefore earnestly recommend to
equitable His Majesty's Government to -take the whole case into
flistribu- their early consideration, and to adopt such an arrange-
support men * as ma y ke expected to give general satisfaction to
the Colonists. I would observe that, in a New Country to
which Persons of all religious persuasions are invited to resort, it
will be impossible to establish a dominant and endowed Church
without much hostility and great improbability of its becoming
permanent. The inclination of these Colonists, which keeps pace
with the Spirit of the Age, is decidedly adverse to such an Institu-
tion ; and I fear the interests of Religion would be prejudiced by
its Establishment. If on the contrary support were given as
required to every one of the three grand Divisions of Christians
indifferently, and the management of the temporalities of their.
Churches left to themselves, I conceive that the Public Treasury
might in time be relieved of a considerable charge, and, what is of
greater importance, the people would become more attached to
their respective Churches and be more willing to listen -to and obey
the voice of their several Pastors. >
It may be expected that, in addressing you, Sir, on this occasion,
DOCUMENT G 215
I should submit some specific arrangement for your consideration.
I can not without much diffidence proceed to discharge this duty ;
but, as I have reason to believe that the outline which follows is in
unison with the sentiments of many of the most intelligent of the
Colonists, I have the less hesitation in laying it before you.
I would propose that, wherever a moderate congregation can be
collected throughout the Colony, and that a subscription g ys t em
shall have been entered into for Building a Place of Worship proposed
and Minister's dwelling amounting to a Sum not less than 8^^ | 0t
300, upon application an equal Sum shall be issued from erection of
the Colonial Treasury in aid of the undertaking, and that jj^J 101188
the Buildings when completed and the grounds, upon Parson-:
which they stand whether provided by the Subscribers or ftg - es
granted by the Crown, shall be vested in Trustees elected by the
Congregation. These Trustees shall have power to dispose of the
Seats or Pews (excepting one fourth, which shall be reserved as
free sittings) and, out of the Rents or by means of voluntary sub-
scriptions, The Trustees shall provide for the maintenance of
Church Officers, the repairs of the Church, Minister's Dwelling,
Church Yard, Burial Ground and Appurtenances, and the con-
tingent expenses connected with the celebration of Divine Worship.
The Buildings thus erected will be at no after period a charge upon
the Public Revenue. A Chaplain of the Creed of the Congregation
shall then be appointed by the Crown in the manner now practised,
and his Stipend shall be issued by the Governor at the enflg
following rate : If in the District where the Church or proposed
Chapel to which he shall be appointed is situated, there tot
be a Resident Population of one hundred Adults who shall eresr
subscribe a declaration, setting forth their desire to attend such
place of Worship, the Chaplain shall receive from the Treasury one
hundred pounds a year ; if there be two hundred Adults, one
hundred and fifty pounds ; and if five hundred adults, then two
hundred pounds, which is proposed as the maximum Salary
to be paid by the Government to a Chaplain of whatever per-
suasion.
In this way it is imagined that the erection of Places of Public
Worship may be obtained wherever a competent congre-
gation can be collected, whilst there will be secured to the tagef 1 "
officiating clergyman such a Moderate Stipend as is suffi - o*
cient for his support but will not render him independent IOB08 M
of his own exertions or the respect of the congregation. These
Chaplains should be empowered to perform the ceremonies Dnt j eg
of Marriage, Baptism" and Burial in their several Churches of
for Moderate Fees, and should be secured in the receipt Chaplains
of their Stipends unless removed from their Chaplaincies for
misconduct. The whole of this arrangement, with such |} eoeM jt y
further details as shall seem necessary, will require the lor act ot
authority of an Act of the Governor and Council to put Council
it into operation.
The foregoing system may be applied to the existing Churches of
the Establishment by vesting them and the Ministers'
Houses and Glebes in Trustees for the purposes before O t ea oa
mentioned ; ,but the present Incumbents should remain wskin to
with the Salaries and advantages they now enjoy, so far churches
216 THE AUSTRALIAN CHURCH
as these emoluments have been secured to them by previous
engagement with the Government.
For the better discipline of the Chaplains of the Church of England,
. for obtaining the necessary celebration of the Rites of
deacon Ordination and Confirmation, and for maintaining the
Proposed connexion of this Church with the Metropolitan, I would
Suffragan suggest that the Archdeacon of New South Wales be made
to Arch- a suffragan to the Archbishop of Canterbury or Bishop of
Canterbury London. The Stipend of the present Archdeacon is more
or Bishop than sufficient for the proper discharge of this office, and
of London n , f TT - .-> ,,-, -, -. i i i
that of His Successor might be reduced very considerably.
The inconvenience attending the dependance of this Church on
the authority of a Bishop placed at the distance of Calcutta from
Objections Sydney is too obvious to require much proof; but the
to _ < circumstance, referred to in a letter recently addressed to
itanfof 6 " me ky Archdeacon Broughton a Copy of which I have
Bishop of the honour to transmit, placed this matter in a striking
Calcutta point of view.
The establishment in the Colony of a Presbytery of the Church
Presbytery of Scotland, which I had the honour to recommend in my
for Church despatch of the 8th July last, No. 56, will secure the proper
Scotland discipline of that Church ; and the recent appointment of
Appoint- & Vicar General with whose discretion, character and
ment of morals I have the greatest reason to be satisfied, will I hope
General effect what is required in the Roman Catholic Church.
Increased I am inclined, however, to think that the Salary of 200
Salary. a year is too low for the office, and that it might be
foVicar- advantageously raised to ^400 to enable the Vicar
General General to visit frequently the Chapels in the Interior.
In the foregoing outline, I have limited the support of the Govern-
ment to the three principal Christian Congregations in the colony.
This limitation may be considered an objection to the Plan, as it
may be urged that, in granting assistance systematically to more
Claims than one Church a claim is given for assistance upon the
of same principle to every Congregation of Dissenters and of
^ senters Jews. This however is an objection to the Theory and is
Jews for not likely to interfere with the practical benefits of the
support Plan. If it should be thought proper at any future period
to extend assistance to other Congregations whose Members may
seem to require it, there will be. nothing in the present arrangement
to prevent it. Or, if it shall be deemed more advisable, the pro-
posed system may be established by the local law as it
adjustment affects the Church of England, only leaving it to the dis-
oi . cretion of The Governor and Council to extend a similar
c auas provision to such other congregations as shall require it.
At this early period of the Colony's existence, it is I think necessary
that the Government should grant pecuniary assistance for the
establishment of religious Institutions, and take upon itself the
nomination of the Ministers ; or it might happen that the Ordi-
nances of Christianity would become altogether neglected or its
tenets perverted by incompetent Teachers.
I cannot conclude this subject without expressing a hope, amount-
ing to some degree of confidence, that, in laying the founda-
tions of the Christian Religion in this young and rising Colony
DOCUMENT G 217
by equal encouragement held ' out to its Professors in, Prospects
their several Churches, the people of these different religious
persuasions will be united together in one bond of peace tolerance
and taught to look up to the Government as their common pro-
tector and friend, and that thus there will be secured to the State
good subjects and to Society good men.
I shall now beg leave to lay before you a brief account of the
Schools, which have been lately under the Superintendence
of the Church and School Corporation. The principal of Report
these are the Male and Female Orphan Schools, at the schools
former of which 133 Boys are now maintained and educated
at an expense, estimated at the year 1834 at 1,300, and schools
at the latter 174 Girls at an estimated expense of 1,500
exclusive of supplies obtained from the lands set apart for the use
of these Schools. The buildings of the Female School are hand-
some and commodious, and those fot the Boys are sufficient for
the purpose. In both of these Schools, the Children are brought
up exclusively in the doctrines of the Church of England. As they
are received at a very early age, and those who are not Orphans
in the strict meaning of the term are for the most part deserted
or neglected by their Parents, it is proper that they should be so
brought up. There is in Paramatta also a considerable ,
Boarding School called the King's School, at the head of sciboo!
which is a Clergyman of the Church of England with a |*
salary of 100 a year only, but who has been promised arrama 8
the occupation of a House to be built at the Public expense to
contain from 60 to 80 Boarders and Day Scholars. The House
not being yet built, two are rented in the Village by Government
at 80 per annum in which the Master receives at .present 54
Boarders and 15 Day Scholars, the former at the rate of 28 and
the latter at from 6 to 10 per year. This arrangement, which
.originated I believe with the late Archdeacon, is an expensive one,
and the wealthier part of the community will be the greatest gainers
by it. The three Schools thus described now are and will in all
probability continue to be exclusively for the Church of England.
They may be supported and the Orphan Schools extended by
means of the Income, which will at no great distance of Means
time be derived from the Lands granted under Seal to the oi
Church and School Corporation, and which on its dis- fof 50
solution became by the terms of the Charter vested in the Schools
Crown, to be disposed of by His Majesty, His Heirs or Successors,
in such manner as shall appear " most conducive to the maintenance,
and promotion of Religion and the Education of Youth in the said
Colony." Under these terms, the Income of the Lands may be
applied to the support of any of the Churches or Schools referred
to in this despatch.
The primary Schools Established by the Corporation, which are
35 in number situated in various parts of the Colony, p r j mary
attended upon an average by 1,248 Children of both sexes, or
, are charged in the Estimates for 1834 at 2,756. These s^ lg( ;i
are .Superintended by the Chaplains, and in all of them Church of
the Catechism of the Church of England is taught ; and En 8 land
although Children of other persuasions may and do sometimes
attend, these Schools are necessarily considered as belonging to
218 THE AUSTRALIAN CHURCH
the Church of England. Thus the charge for all the Schools of
this description for the year 1834 is taken at 5,736, to which should
be added a Vote of the Legislative Council of 2,300 for
an/ 8 the site and Buildings for the King's School at Paramatta,
loans for Nothing has been granted to any. primary School connected
benoois with the ctmrch of Scotland . but a loan of 2,500 has
lately been made by the Government and secured by Mortgage for
aiding the erection of the Scots College. The sum of 800 has been
voted for Roman Catholic Schools for the year 1834.
You may thus perceive, Sir, the great disproportion, which exists
_ in the support given by the state to Schools formed for
portkra the use of different denominations of Christians in the
to Colony ; a disproportion not based on the relative numbers
of SHU- of each, but guided it would seem by the same principles
inatfonai which have regulated the support afforded to the different
c s Churches. It is a subject of very general complaint. I am
inclined to think that Schools for the general education of the
Colonial Youth, supported by the Government and regulated after
Proposed tlie maimer of the Irish Schools, which since the year 1831
adoption receive aid from Public Funds,, would be well suited to the
System of circumstances of this Country. I have not by me the
Irish parliamentary papers to refer to, and cannot give those
Schools Schools their proper designation ; but I allude to those,
in which Christians of all Creeds are received, where approved
Extracts from Scripture are read, but no religious instruction is
given by the Master or Mistress, such being imparted on one day
in the week by the Ministers of the different religions, attending at
the School to instruct their respective Flocks. I am certain that
the Colonists would be well pleased to find their funds liberally
pledged to the support of Schools of this description. It would be
necessary however that Government took the lead in their Institu-
tion, fixing the places from time to time where they should be
established as population increased, erecting the School Houses,
and appointing well qualified Masters and Mistresses to be brought
from Europe if need required. The Salaries of such Persons
The . should be liberal, not less than from 100 to 150 per
proposed annum including House Rent. Whatever weekly pay-
lot ments were obtained from the Parents of the Children,
masters wn attend these Schools, should be applied to the repair
of the School House and the purchase of School requisites
under the care of a Local Committee. In like manner, Infant
Schools should be established in the Towns and other populous
places. I may without fear of contradiction assert that in no part
Necessity ^ ^ e wor ^ ^ s the general education of the People a more
for sacred and necessary duty of the Government than in
menf n " ^ ew South Wales. The reasons are too obvious to require
support of that I should state them. The proposed arrangement will
Education j^ that for the Churches require a local law.
With respect to the 35 primary or parish Schools, as they are
called, established by the Church and School Corporation,
of m I would observe that they are of no great importance or
Parish value; and I propose that, in proportion as Schools for
general Education were established in the manner I have
described, the support of Government should be withdrawn from
DOCUMENT H 219
the Primary Schools, leaving the Buildings and Furniture to any
of the Congregation of the Church of England that might choose to
maintain the Schools at their own expense.
I have thus, Sir, endeavoured to lay before you a brief sketch of
the present state of the principal Churches and Schools in the
Colony, and the Outline of an arrangement for their future extension
and management. I have reason to believe that a System, such as
I have described, is favourably regarded by the Colonists in general,
though it is not improbable that it would be opposed by all the
Clergy. The opinions of the Archdeacon of New South opinions
Wales I know are opposed to it. He has declared, in a of
pamphlet published here in the last year, that a Protestant ^J^ton'
cannot subscribe to the erection of a Place of Worship for re reiigous
Roman Catholics without guilt. He has also expressed to toleranoe
me his opinion that, though Government might tolerate others, it
should afford aid to one Church only, namely that which it believed
to be the true Church. Knowing these to be the sentiments of the
Archdeacon, I have merely informed him that I am about to address
you, acquainting him with the substance of the arrangement I have
proposed. In a separate despatch, I shall have the honour of trans-
mitting a proposal laid before me by the Archdeacon for the future
application and management of the property, which has by the
dissolution of the Corporation become vested in the Crown, together
with the substance of my reply.
I hope to be honoured with an early communication on the
subject of this despatch. Applications have lately been Requests
made to me for aid towards the erection of two Places of ^ a ^ a
Worship of the Established Church of Scotland, the one lor
at Sydney, the other at Bathurst. At the former place, | ectlon
the amount of Private Subscription is 640, at the latter churches
^400. I intend to propose to the Legislative Council, at its Session
in the next year for the Appropriation of the Revenue, that equal
Sums be granted in aid of these undertakings, being assured that
in so doing I shall only anticipate the instructions of His Majesty's
Government.
I have, &c.
(Sgd) RICHD. BOURKB.
(Enclosure)
(a copy of this letter is not available).
DOCUMENT H
LETTERS PATENT CONSTITUTING WILLIAM GRANT
BUOUGHTON BISHOP OF AUSTRALIA.
Howley's Register, Folio 186 ff .
WILLIAM the FOURTH by the Grace of God of the United
Kingdom of Great Britain and Ireland King Defender of the
Faith to all to whom these Presents shall come greeting. Whereas
His late Majesty our Royal Father King George the Third did by
Letters Patent under the Great Seal of our United Kingdom of
Great Britain and Ireland bearing date the Second day of May
220 THE AUSTRALIAN CHURCH
in the fifty fourth year of His reign erect found and constitute
our Territories under the Government of the East India Company
to be a Bishop's See and to be called from thenceforth the Bishopric .
of Calcutta. And His said late Majesty by the said Letters Patent
did give and grant to Thomas Fanshaw Middleton the first Bishop
of Calcutta and to His Successors Bishops of Calcutta full Power
and Authority to perform all the Functions peculiar and appro-
priate to the Office of a Bishop within the limits of the said See
but not elsewhere and also by himself or themselves or by his or
their Commissary or Commissaries to exercise Jurisdiction Spiritual
and Ecclesiastical in and throughout the said See and Diocese
according to the Ecclesiastical Laws of England in the several
causes and matters therein expressed and specified and in no other.
And His said late Majesty by the same Letters Patent did make
a further declaration concerning the special causes and matters
in which he would that the aforesaid Jurisdiction be exercised and
did give and grant to the aforesaid Bishop and His Successors
certain Powers and Authorities for the performance of his and their
Episcopal Functions subject however to certain limitations and
reservations as on reference to the said Letters Patent will now
fully appear.
And whereas His late Majesty King George the Fourth bur
Royal Brother did by Letters Patent under the Great Seal of our
said United Kingdom bearing date the Twenty Seventh day of
May in the fourth year of His reign declare His Royal will
and pleasure that from thenceforth the whole of our Territories
within the limits of the Charter of the United Company of Merchants
of England trading to the East Indies should form and constitute
the See and Diocese of Calcutta.
And whereas our said late Royal Brother did by certain other
Letters Patent under the Great Seal of our said United Kingdom
bearing date the second day of October in the fifth year of His
Reign erect found and constitute one Archdeaconry in and over
the British Territories within the Colony of New South Wales
and its dependencies to be styled the Archdeaconry of New South
Wales to be subject and subordinate during the Royal Pleasure to
the Jurisdiction Spiritual and Ecclesiastical of the Bishop of
Calcutta for the time being and did name and' appoint Thomas
Hobbes Scott Clerk to be Archdeacon of the Archdeaconry of
New South Wales subject nevertheless to the power of revocation
thereinafter in the said Letters Patent expressed. And whereas
our said late Royal Brother by certain other Letters Patent under
the Great Seal of our said United Kingdom bearing date the sixth
day of February in the tenth year of His reign did upon the
resignation of the said Thomas Hobbes Scott name and appoint
William Grant Broughton clerk to be Archdeacon of the Arch-
deaconry of New South Wales subject nevertheless to the powers
of revocation and resignation therein mentioned and did thereby
declare that if His said late Majesty His Heirs or Successors should
think fit to revoke or recall the appointment of the said William
Grant Broughton as Archdeacon aforesaid and should declare with
his or their pleasure by Letters Patent under the Great Seal of
the United Kingdom of Great Britain and Ireland that then the
said William Grant Broughton from and after the notification
DOCUMENT H 221
thereof in such manner as in the said Letters Patent should be
directed the said Archdeacon should to all intents and purposes
cease to be Archdeacon of the said Archdeaconry And whereas we
did by our Letters Patent under the Great Seal of our said United
Kingdom bearing date the thirteenth day of June in the fifth
year of our reign ordain and declare our Royal Will and Pleasure
that from and after the tenth day of October then next ensuing
the Territories then within the limits of the Presidency of Madras
and also the Territories within our Island of Ceylon and also our
Colonies of New South Wales and Van Diemens Land and their
respective dependencies should be dissevered from and cease to be
parts of the said Diocese and See of Calcutta. And by the said
Letters Patent we did revoke all and singular the Rights Powers
Authorities, Functions and Jurisdictions of the said Bishop of
Calcutta and His Successors in and over the Territories within the
said Presidency of Madras and also the Territories within our
Island of Ceylon and our said Colonies of New South Wales and
Van Diemens Land and their respective dependencies except only
such Rights Powers Authorities Functions and Jurisdictions as
are thereinafter limited or confirmed and whereas the doctrine and
discipline of the United Church of England and Ireland are pro-
fessed and observed by a considerable part of our loving subjects
resident in New South Wales Van Diemens Land and Western
Australia and their dependencies. And our aforesaid subjects are
deprived of some of the Offices prescribed by the Liturgy and usage
of the Church aforesaid by reason that there is not a Bishop residing
or exercising Jurisdiction and Canonical Functions within the same
for remedy of the aforesaid inconveniences and defects we have
determined to revoke and annul the Office or appointment of Arch-
deacon of the Archdeaconry of New South Wales and to erect all
the Territories and Islands comprised within or dependent upon
our Colonies of New South Wales Van Diemens Land and
Western Australia into a Bishop's See or Diocese to be styled the
Bishopric of Australia. Now know ye that in pursuance of such
our Royal intention we do by these Letters Patent under the
Great Seal of our United Kingdom of Great Britain and Ireland
revoke and recall the appointment of the said William Grant
Broughton as Archdeacon of the Archdeaconry of New South
Wales to all intents and purposes whatsoever and we do hereby
notify to him that his said appointment is revoked and recalled
and we do will declare and ordain that the said appointment
or office of Archdeacon of the Archdeaconry of New South Wales
shall henceforth cease and determine. And we do further by these
presents erect found make ordain and constitute all the Terri-
tories and Islands comprised within or dependent upon our said
Colonies of New South Wales Van Diemens Land and Western
Australia into a Bishop's See or Diocese and do declare and ordain
that the same shall be styled the Bishopric of Australia and to the
end that this our intention may be carried into due effect we
having great confidence in the learning morals and probity of our
well beloved and venerable the said William Grant Broughton
heretofore Archdeacon of New South Wales do name and appoint
him to be Bishop and ordinary Pastor of the said See of Australia
so that the said William Grant Broughton shall be and be taken to
222 THE AUSTRALIAN CHURCH
be Bishop of the Bishop's See of Australia and may by virtue of
this our nomination and appointment enter into and possess the
said Bishop's See as the Bishop thereof without any let or impedi-
ment of us our Heirs or Successors subject nevertheless to the
power of revocation and to the right of resignation hereinafter
most particularly expressed. Moreover we will and ordain by
these presents that the Bishop of the said See of Australia and
His Successors shall be subject and subordinate to the Archi-
episcopal See of Canterbury and to the most Reverend Father in
God William by divine providence Archbishop of Canterbury
and His Successors in the same manner as any Bishop of any See
within the Province of Canterbury in our Kingdom of England is
under the authority of the Archiepiscopal See of the Province of
Canterbury, and the Archbishop thereof. And we do further will
and ordain that every Bishop of Australia shall at the time of
his consecration take an oath of his due obedience to the
Archbishop of Canterbury for the time being as his Metropolitan
in the words or to the effect following " I William Grant
Broughton appointed Bishop of Australia do profess and promise
all due obedience and reverence to the most Reverend Father
in God William by Divine providence Archbishop of Canter-
bury Primate of all England and Metropolitan and to His
Successors so help me God through Jesus Christ " which oath
shall and may be administered by the said Archbishop or Bishop
assisting at such consecration or any one of them and to the end
that all the matters and things herein prescribed may have their
due effect. We do hereby signify to the most Reverend Father in
God William Lord Archbishop of Canterbury Primate of all
England and Metropolitan that we have erected and founded the
aforesaid Episcopal See of Australia and have named and preferred
the aforesaid William Grant Broughton heretofore Archdeacon of
New South Wales to the said Bishopric and have appointed him the
Bishop and ordinary Pastor thereof requiring and by the faith and
love whereby he is bound unto us commanding the said William
Archbishop of Canterbury forthwith to consecrate the aforesaid
William Grant Broughton Bishop of Australia in manner ac-
customed and diligently to do and perform all other things apper-
taining to his Office in this behalf with effect. And we do by
these presents give and grant to the said William Grant Broughton
and His Successors Bishops of Australia full Power and Authority
to admit into the Holy Orders of Deacon and Priest respectively
any person whom he shall upon examination deem duly qualified
especially for the purpose of taking upon himself the cure of souls
or officiating in any spiritual capacity within the limits of the said
Diocese of Australia and residing therein. And we do by these
Presents will and ordain that a declaration of such purpose and a
written engagement to perform the same under the hand of such
person being deposited in the hands of such Bishop shall be held
to be a sufficient Title with a view to such ordination and that in every
such case it shall be distinctly stated in the Letters of Ordination
of every person so admitted to Holy Orders that he has been
ordained for the cure of souls within the limits of the said Diocese
of Australia only and that unless such person shall be a British
Subject of or belonging to our said United Kingdom of Great
DOCUMENT H 223
Britain and Ireland he shall not be required to take and make the
Oath and Subscriptions which persons ordained in England are
required to take and make. And we hereby further give and grant
to the said William Grant Broughton and His Successors Bishops
of Australia full Power and Authority to confirm those that are
baptised and come to years of discretion and to perform all other
Functions peculiar and appropriate to the Office of Bishop within
the limits of the said See of Australia but not elsewhere such
Bishop and His Successors having been first duly ordained or
consecrated Bishop according to the form prescribed by the Liturgy
of the Church of England and also by himself and themselves or by
His or Their Commissary or Commissaries to exercise Jurisdiction
Spiritual and Ecclesiastical in and throughout the said See and
Diocese of Australia according to the Ecclesiastical Laws of England
which are lawfully made and exercised in England in the several
causes and matters hereinafter in these Presents expressed and
specified and no other and for a declaration of our Royal will
containing the special causes and matters in which we will that
the aforesaid Jurisdiction shall be exercised we have further given
and granted and do by these Presents give and grant to the afore-
said Bishop of Australia and His Successors full Power and
Authority by himself or themselves or by His or Their Commissary
or Commissaries by him or them to be thereunto especially
authorised to grant Licences to Officiate to all Ministers and Chap-
lains of all the Churches or Chapels or other places within the said
Diocese of Australia wherein Divine Service shall be celebrated
according to the Rites and Liturgy of the Church of England and
to visit all such Ministers and Chaplains and all Priests and Deacons
in Holy Orders of the United Church of England and Ireland
resident in their said Diocese of Australia with all and all manner
of Jurisdiction Power and Coercion Ecclesiastical that may be
requisite in the premises as also to call before him or them or
before his or their Commissary or Commissaries at such com-
petent days hours and places whatsoever where and so often as
to him or them shall seem meet and convenient the aforesaid
Ministers Chaplains Priests or Deacons in Holy Orders of the
United Church of England and Ireland or any of them and to
require by witnesses to be sworn in due form of Laws and all other
lawful ways and means by which the same may be best and most
effectually done as well concerning their morals as their behavour
in their said Offices and stations respectively. And we do hereby
authorise and empower the said Bishop of Australia and His Suc-
cessors and his and their Commissary and Commissaries to administer
all such oaths as are accustomed and by Law may be administered
according to the Ecclesiastical Laws of our Realm of England and
to punish and correct the aforesaid Chaplains Ministers Priests
and Deacons in Holy Orders of the United Church of England and
Ireland according to their demerits whether by deprivation sus-
pension or other such Ecclesiastical censure or correction as they
would be liable to according to the Ecclesiastical Laws aforesaid
subject nevertheless to such right of appeal as in hereinafter given
and reserved. And we will and declare that during a vacancy of
the said See of Australia by the demise of the Bishop thereof or
otherwise the Commissary or Commissaries appointed as aforesaid
224 THE AUSTRALIAN CHURCH
shall continue to exercise so far as by law they may or can -the
jurisdictions and functions delegated to them as aforesaid until a
new Bishop of the said See shall have been duly appointed and
consecrated and shall have arrived within the limits of the said
See. And moreover we command and by these Presents for us our
Heirs and Successors do strictly enjoin all and singular our
Governors Judges and Justices and all and singular Chaplains
Ministers and other our Subjects within the said Colonies and
Dependencies that they and every of them be in and by all lawful
ways and means aiding and assisting to the said Bishop and His
Successors and to his or their Commissary or Commissaries in the
execution of the premises in all things. Nevertheless we will and
do by these Presents declare and ordain that in all grave matters
of correction which are accustomed according to the practice of
the Ecclesiastical Laws of our Realm of England to be judicially
examined the same shall in like manner be judicially examined
and proceeded in before the said Bishop of Australia and His Suc-
cessors or hi^ or their Commissary or Commissaries aforesaid and
all such causes shall be proceeded in to final sentence in due form
of Law. And we do further order and direct that the said Bishop
of Australia and His Successors may from time to time 'appoint
proper and sufficient person to act as Registrar of the said Diocese
and in case of no Registrar being so appointed or the said Registrar
being absent or otherwise unable to act we will and direct that the
said Bishop of Australia or his Commissary or Commissaries for
the time being may assume any proper and 'sufficient person as
Actuary to do all acts as Registrar and further we will and do by
these Presents declare and ordain that if any person against whom
a judgement or sentence shall be pronounced by the said Bishop
of Australia or His Successors or by his or their Commissary or
Commissaries shall conceive himself to be aggrieved thereby it
shall be lawful for such person to appeal to the said Archbishop
of Canterbury or His Successors provided such appeal be entered
and notice thereof given to the said Bishop or His Successors
within fifteen days after such judgement or sentence shall have
been pronounced. And we do further will and declare and ordain
that in all cases in which an appeal shall be entered and
notified as aforesaid together with a copy of the evidence on
which the same was founded shall without delay be certified
and transmitted by the said Bishop or His Successors or his or their
Commissary or Commissaries to the said Archbishop of Canterbury
and such judgement or sentence shall remain in force until the same
shall have been reversed by the said Archbishop of Canterbury.
And we do further will and ordain that the said Supreme Court of
New South Wales shall have such and the like jurisdiction and
power of interfering by writ of prohibition or mandamus subject to
the same Laws Restrictions and Rules of Practice as is or has been
exercised by our Court of King's Bench at Westminster in regard
to proceedings in the Ecclesiastical Courts in England regard being
had nevertheless to any special provisions or exceptions contained
in these our Letters Patent and to any other Laws and Regulations
especially applicable to or concerning that part of our Dominions
included in the said Diocese of Australia. Moreover it is our Jloyal
Will and we do hereby declare and ordain, that nothing in these
DOCUMENT H 225
Presents contained shall extend or be construed to extend to repeal
vary or alter the provisions of any Charter whereby Ecclesiastical
Jurisdiction has been given to any Court of Judicature within our
said Colonies and their Dependencies so far as the same do not
appertain to the correction of Clerks or the Spiritual Superin-
tendence of Ecclesiastical persons or to give to the said Bishop of
Australia or His Successors any authority or jurisdiction whatever
in matters now recognisable in the said Courts except as hereinbefore
excepted. Moreover we will and grant by these Presents that the
said Bishop of Australia shall be a body corporate and do ordain
make and constitute him to be a perpetual corporation and to have
perpetual Succession and that he and his Successors be for ever
hereafter called and known by the name of the Bishop of Australia
and that he and His Successors by the name aforesaid shall be able
and capable in the law and have full power to purchase have take
hold and enjoy Manors Messuages Lands Rents Tenements
Annuities and Hereditaments of what nature or kind soever in fee and
in perpetuity or for a term of life or years and also all manner of
Goods Chattels and Things personal whatsoever of what nature
or value soever and that he and His Successors by and under the
said name may prosecute claim plead and be impleaded defend and
be defended answer and be answered in all manner of Courts of
us our Heirs and Successors and elsewhere in and upon all and
singular causes actions suits writs and demands real and personal
and mixed as well spiritual as temporal and in all other things
causes and matters whatsoever and that the said Bishop of Australia
and his Successors shall and may for ever hereafter have and use
a Corporate Seal and the said Seal from time to time at his and
their will and pleasure break change alter or make now as he or
they may shall deem expedient. And we do hereby declare that
if we our heirs and Successors shall think fit to recall or revoke
the appointment of the said Bishop .of Australia or His Successors
and shall declare such our pleasure by Letters Patent under our
Great Seal of our said United Kingdom then every such Bishop
shall from and after the notification thereof in such manner as in
the said Letters Patent shall be directed to the said Bishop of
Australia to all interests and purposes cease to be Bishop of
Australia. And for removing doubts with respect to the validity
of resignation of the said Office of Bishop of Australia it is our
further will that if the said Bishop or any of his Successors shall by
instrument under his hand and seal delivered and sent to the Arch-
bishop of Canterbury for the time being and be by him accepted
or registered in the Office of Faculties of the said Archbishop
resign the Office of Bishop of Australia such Bishop shall forth-
with cease to be Bishop of Australia to all intents and purposes
but without Prejudice to any responsibility to which he may be
liable in Law or Equity in respect of his conduct in his said Office.
And lastly to the end all the things aforesaid may be firmly holden
and done. We will and grant to the aforesaid William Grant
Broughton that he shall have pur Letters Patent under our Great
Seal of our said United Kingdom duly made and sealed in witness
whereof we have caused these our Letters to be made Patent.
Witness ourself at Westminster the eighteenth day of January
in the sixth year of our reign.
F
226 THE AUSTRALIAN CHURCH
DOCUMENT I
LETTERS PATENT CONSTITUTING GEORGE AUGUSTUS
SELWYN BISHOP OF NEW ZEALAND.
Howley's Register, Folio 395 fi.
Victoria by the Grace of God of the United Kingdom of Great
Britain and Ireland, Queen Defender of the faith to all to whom
these presents shall come, greeting. Whereas in and by certain
Letters Patent under the great Seal of our said United Kingdom
bearing date at Westminster the sixteenth day of November one
thousand eight hundred and forty, in the fourth year of our reign,
we did visit the Islands of New Zealand and all other Islands
adjacent thereto and lying between the thirty-fourth degree, thirty
minutes North to the forty-seventh degree, ten minutes south
latitude and between the one hundred and sixty-sixth degree, five
minutes to the one hundred and seventy-ninth degree of east longi-
tude, reckoning from the Meridian of Greenwich, into a separate
colony and by our said Letters Patent did declare that from thence-
forward the said Island should be known and designated as the
Colony of New Zealand and that the Principal Islands theretofore
known as or commonly called " The Northern Island ", " The
Middle Island " and " Stewarts Island " should thenceforward be
-designated and known respectively as " New Ulster ", '.' New
Munster" and "New Leinster". And whereas the doctrine and
discipline of the United Church of England and Ireland are pro-
fessed and observed by a considerable part of our loving subjects
residents in the said Colony of New Zealand and our aforesaid
subjects are deprived of some of the Offices proscribed by the
Liturgy and usage of the Church aforesaid by reason that there is
not a Bishop residing or exercising Jurisdiction and Canonical
Functions within the same. For remedy of the aforesaid In-
conveniences, we are determined to erect the said Colony of New
Zealand into a Bishop's See or Diocese to be styled the Bishopric
of New Zealand. Now know ye that in pursuance of such our
Royal Intention, We by these our Letters Patent under the Great Seal
of our United Kingdom of Great Britain and Ireland/Do by these
presents erect, Found, Make Ordain and Constitute the said Colony of
New Zealand into a Bishop's See or Diocese and do declare and ordain
that the same shall be styled the Bishopric of New Zealand. And to
the end that this our Intention may be carried into due effect we
having great confidence in the Learning Morals and. Probity of our
Well-beloved George Augustus Selwyn, Clerk, Master of Arts, do name
and appoint him to be Bishop and ordinary Pastor of the said See
of New Zealand so that the said George Augustus Selwyn shall be
and be taken to be Bishop of the Bishop's See of New Zealand and
may by virtue of this our Nomination and Appointment enter into
and possess the said Bishop's See as the Bishop thereof, without any
let or impediment of us our Heirs or successors for the term of his
natural life. Subject nevertheless to the right of resignation here-
inafter more particularly expressed. Moreover we will and ordain
by these presents that the Bishop of the said See of New Zealand
: DOCUMENT I 227
and his Successors shall be subject and subordinate to the Archi-
episcopal See of Canterbury and to the Most Reverend Father in
God William by Divine Providence Archbishop of Canterbury and his
Successors in the same manner as any Bishop of any See within the
Province of Canterbury in our Kingdom of England is under the
authority of the Archiepiscopal See of the Province of Canterbury and
the Archbishop thereof and we do hereby further will and ordain that
every Bishop of New Zealand shall at the time of his Consecration take
an oath of due obedience to the Archbishop of Canterbury for the
time being as his Metropolitan in the words or to the effect following.
" I, George Augustus Selwyn appointed Bishop of New Zealand do
profess and promise all due obedience and reverence to the most
Reverend Father in God William by divine Providence Archbishop
of Canterbury Primate of all England and Metropolitan and to his
Successors so help me God through Jesus Christ " which oath shall
and may be ministered by the said Archbishop or Bishop ministering
at such Consecration or any one of them, and to the end that all
the Matters and Things herein prescribed may have their due effect.
We do hereby signify to the most Reverend Father in God William
Lord Archbishop of Canterbury Primate of all England and Metro-
politan. That we have erected and founded the aforesaid Episcopal
See of New Zealand and have named and preferred the aforesaid
George Augustus Selwyn to the said Bishopric and have appointed
him Bishop and Ordinary Pastor therof requiring and by the faith
and love whereby he is bound unto us commanding the said William
Archbishop of Canterbury forthwith to consecrate the aforesaid
George Augustus Selwyn Bishop of New Zealand in manner ac-
customed and diligently to do and perform all other things apper-
taining to his office in this behalf with effect. And we do by these
presents give and grant to the said George Augustus Selwyn and
his successors Bishops of New Zealand full power and authority to
admit into the Holy Orders of Deacon and Priest respectively any
person whom he shall upon examination deem duly qualified
especially for the purpose of taking upon himself the Cure of Souls
or Officiating in any Spiritual Capacity within the limits of the said
Diocese of New Zealand and residing therein. And we do by these
presents will and ordain that Declaration of such purpose and a
written engagement to perform the same under the hand of such
person being deposited in the hands of such Bishop shall be held to
be a sufficient Title with a view to such Ordination. And that in
every such case it shall be distinctly stated in the letters of Ordina-
tion of every person so admitted to Holy Orders, that he has been
ordained for the Cure of Souls within the limits of the said diocese
of New Zealand only and that unless such person shall be a British
subject of or belonging to our said United Kingdom of Great Britain
and Ireland he shall not be required to take the Oath of Allegiance
to Her Majesty. And we do hereby give and grant to the said
George Augustus Selwyn and his Successors Bishops of New Zealand
full power and authority to perform all the Functions peculiar and
appropriate to the Office of Bishop within the limits of the said See
of New Zealand but not elsewhere such Bishop and his successors
having been first duly ordained or consecrated Bishop according to
the form prescribed by the Liturgy of the Church of England and
also by himself or themselves or by his or their Commissary or
328 THE AUSTRALIAN CHURCH
Commissaries to exercise Jurisdiction, Spiritual and Ecclesiastical
in and throughout the said See and Diocese of New Zealand accord-
ing to the Ecclesiastical Laws of England which are lawfully made
and received in England in the several Causes and Matters herein-
after in these Presents expressed and specified a;nd no other, And
for a declaration of our Royal Will concerning the Special Causes
and Matters in which we will that the aforesaid Jurisdiction shall
be exercised. We have further given and granted and do by these
Presents give and grant to the aforesaid Lord Bishop of New
Zealand and liis Successors full power and authority by himself or
themselves or by his or their Commissary or Commissaries by him
or them to be thereunto especially authorised to grant Licenses to
Officiate to all Ministers and Chaplains of all the Churches or Chapels
or other places within the said Diocese of New Zealand wherein
Divine Service shall be celebrated according to the Rites and
Liturgy of the Church of England and to visit all such Ministers
and Chaplains and all Priests and Deacons in Holy Orders of the
United Church of England and Ireland resident in the said Diocese
of New Zealand with all and all manner of Jurisdiction Power and
coercion Ecclesiastical that may be requisite in the Premises as
also to call before him or them or before his or their Commissary or
Commissaries at such competent days hours and places whatsoever
when and so often as to him or them shall seem meet and convenient
the aforesaid Ministers, Chaplains Priests and Deacons in Holy
Orders of the United Church of England and Ireland or any of them
and to inquire by witnesses to be sworn in due form of law and by
all other lawful ways and means by which the same may be best
and most effectually done as well concerning their morals as their
behaviour in their said offices and Stations respectively. And we
do hereby authorise and empower the said Bishop of New Zealand
and his Successors and his or their Commissary or Commissaries to
administer all such oaths as are accustomed and by Law may be
administered according to the Ecclesiastical Laws of our Realms of
England and to punish and correct the aforesaid Chaplains Ministers
Priests and Deacons in Holy Orders of the United Church of
England and Ireland according to their Demerits by Deprivation
Suspension or other such Ecclesiastical Censure or Correction as
they would be liable to according to the Ecclesiastical Laws afore-
said subject nevertheless to such right of appeal as is hereinafter
given and reserved. And for the further accomplishment of our
Intention and for aiding the said Bishop of New Zealand according
to the laws and Customs of the United Church of England and
Ireland in the due and canonical superintendence of Ecclesiastical
persons and affairs, we do by these presents empower the said
Bishop to appoint a fit and proper person or persons to be Arch-
deacon or Archdeacons within his said Diocese. And we do further
ordain that the said Archdeacon or Archdeacons respectively shall
be subordinate and assistant to the Bishop of New Zealand and
his Successors Bishops of the said See according to the Ecclesiastical
Laws of this Realm and to the end that this our Intention may be
carried into full effect. We do hereby give and grant to the said
Bishop of New Zealand the right of Collating to the said Arch-
deaconry or Archdeaconries any persons whom he may select as
fit and proper to fill the said Office or Offices. And we dp further
DOCUMENT I 229
give and grant to the said Bishop and his successors the Right of
Collating to the said Archdeaconry or Archdeaconries from time to
time as the same may respectively become vacant and for a declara-
tion of our Royal Will and pleasure in regard to the duties and
functions to be exercised by the said Archdeacon or Archdeacons and
their Successors. We do hereby declare that he or they shall be
within their respective Archdeaconry or Archdeaconries assisting to
the Bishop of New Zealand in the exercise of his Episcopal Juris-
diction and Functions according to the duty of an Archdeacon of
the Ecclesiastical Laws of our Realm of England in as full and
ample manner as the same are or may be exercised by archdeacons
within our Realm of England save as hereinafter accepted. And
we do further will ordain and declare that the said archdeacon
or archdeacons shall within their respective Archdeaconry or Arch-
deaconries be and be taken to be the Commissary of the said Bishop
and his Successors and shall exercise jurisdiction as aforesaid
according to the duty and functions of a Commissary by the
Ecclesiastical Laws and we will and declare that during a Vacancy
of the said See of New Zealand by the Demise of the Bishop thereof
or otherwise the commissary or Commissaries appointed as afore-
said shall continue to exercise so far as by Law they may or can
the jurisdiction and Functions delegated to them until a New
Bishop of the said See of New Zealand shall have been duly appointed
and consecrated and shall have arrived within the Limits 'of the
said See. And moreover we command and by these presents for us
our Heirs and Successors do strictly enjoin all and singular our
Governors, Judges and Justices and all and singular Chaplains
Ministers and other our subjects within the said Colony that they
and every of them be in and by all lawful ways and means aiding
and assisting to the said Bishop and his Successors ancMiis or their
Commissary or Commissaries in the execution of the Premises in
all things. Nevertheless we will and do by these presents declare
and ordain that in all grave matters of Correction which are ac-
customed according to the practice of the Ecclesiastical Laws of
our Realm of England to be judicially Examined the same shall in
like manner be judicially examined and proceeded in before the
said Bishop of New Zealand and his Successors or his or their
Commissary or Commissaries aforesaid and all such causes shall be
proceeded in to final Sentence in due form of law. And we do
further order and direct that the said Bishop of New Zealand and
his Successors may from time to time appoint a proper and sufficient
person to act as Registrar of the said Diocese and in case of no
Registrar being so appointed or the said Registrar being absent or
otherwise unable to act, We will and direct that the said Bishop of
New Zealand or his Commissary or Commissaries for the time being
may appoint any proper and sufficient person as Actuary to do all
acts as Registrar. And further we will and do by. these Presents
declare and ordain that if any person against whom a Judgment or
Sentence shall be pronounced by the said Bishop of New Zealand
or his Successors or by his or their Commissary or Commissaries
shall conceive himself to be aggrieved "thereby it shall be lawful/for
the said person to appeal to the said Archbishop of Canterbury or
his Successors provided such Appeal be entered and notice thereof
given to the said Bishop or his Successors within fifteen days after
230 THE AUSTRALIAN CHURCH
such Judgment or Sentence shall have been pronounced. And we
do further will declare and ordain that in all cases in which an
Appeal shall be entered and notified as aforesaid a Copy of the
Judgment or Sentence in such case promulgated or given setting
forth the causes thereof together with a copy of the Evidence on
which the same was founded shall without delay be certified and
transmitted by the said Bishop or his Successors or his or their
Commissary or Commissaries as to the said Archbishop of Canterbury
and such Judgment or Sentence shall remain in force until the same
shall have been reversed by the said Archbishop of Canterbury.
And we further will and ordain that the Supreme Court of Justice
within the said Colony shall have such and the like jurisdiction and
power of interfering by Writ of Prohibition or Mandamus subject
to the same Laws, Restrictions and Rules of Practice as is or has
been exercised by our Court of Queen's Bench at Westminster in
regard to proceedings in the Ecclesiastical Courts of England.
Regard being had nevertheless to any special Provisions or excep-
tions contained in these our Letters Patent and to any other Laws
and regulations specially applicable to or concerning that part of
our Dominions included in the said Diocese of New Zealand. More-
over it is our Will and pleasure and we do hereby declare and ordain
that nothing in these presents contained shall extend or be construed
to extend to repeal vary or alter the provisions of any Charter
whereby Ecclesiastical Jurisdiction has been given to any Court of
Judicature within our said colony so far as the same do not appertain
to the Correction of Clerks or the Spiritual Superintendence of
Ecclesiastical Persons or to give to the said Bishop of New Zealand
or his Successors any Authority or Jurisdiction whatever in matters
now depending in the said Courts except as hereinafter excepted.
Moreover, we will and grant by these presents that the said Bishop
of New Zealand shall be a Body Corporate and do Ordain, and make
and constitute him to be a perpetual Corporation and to have
perpetual Succession. And that he and his Successors be for ever
hereinafter called and known by the name of Bishop of New Zealand.
And that he and his Successors by the name aforesaid shall be able
and capable in the Law and have full power to purchase, have, take,
hold and enjoy Manors, Messuages, Lands, Tenements and Herediti-
ments of what nature or kind soever in Fee and in Perpetuity or
for term of life or Years and also all manner of Goods, Chattels
and Things personal whatsoever of what nature or kind soever and
that he and his Successors by and under the said name may prosecute,
claim, plead and be impleaded, defend and be defended, answer
and be answered in all manner of Courts of Us our Heirs and Suc-
cessors in and upon all and singular Causes, Actions, Suits, Writs
and Demands real and personal and mixed as well Spiritual as
Temporal and in all things Causes and Matters whatsoever And
that the said Bishop of New Zealand and his Successors shall 'and
may for ever hereafter have and use a Corporate Seal and the said
Seal from time to time at his and their Will and pleasure break,
change, alter or make now as he or they shall deem expedient. And
for removing doubts with respect to the validity of Resignation of
the said Office of Bishop of New Zealand it is our further Will that
if the said Bishop or any of his Successors shall by Instrument under
his hand and seal delivered and sent to the Archbishop of Canter-
DOCUMENT J 231
bury for time being and to be by him accepted and registered in
the office of Faculties of the said Archbishop resign the office of
Bishop of New Zealand such Bishop shall forthwith cease to be
Bishop of New Zealand to all intents and purposes but without
prejudice to any responsibility to which he may be liable in Law or
Equity in respect of his conduct in the said office. And lastly to
the end that all the Things aforesaid may be firmly holden and
done we will and grant to the aforesaid George Augustus Selwyn
that he shall have our Letters Patent under our Great Seal of our
United Kingdom duly made and sealed. In Witness whereof We
liave caused these our Letters to be made Patent. Witness ourself
at Westminster the Fourteenth day of October in the Fifth year
of our Reign.
DOCUMENT J
LETTERS PATENT CONSTITUTING WILLIAM GRANT
BROUGHTON METROPOLITAN OF AUSTRALASIA.
Patent Roll, n Viet., Part I, and Rowley's Register, Folio 581 fi.
VICTORIA, by the grace of God, of the United Kingdom of Great
Britain and Ireland Queen, Defender of the Faith, to all to whom
these Presents shall come, greeting : Whereas his late Majesty, Our
Royal Uncle, King William the Fourth, did by letters patent under
the Great Seal of Our United Kingdom of Great Britain and Ireland,
bearing date the i8th day of January, 1836, in the sixth year of his
reign, found, ordain, constitute, and erect all the territories and
islands comprised within or dependent upon Our colonies of New
South Wales, Van Diemen's Land, and Western Australia into a
bishop's see or diocese, and did declare and ordain that the same
should be styled the Bishoprick of Australia, and that the first and
other bishops thereof should be subject to the Archbishop of Canter-
bury for the time being as their metropolitan, and did in and by
the said letters patent name and appoint William Grant Broughton,
clerk, theretofore Archdeacon of New South Wales, to be bishop
and ordinary pastor of the. said see of Australia ; and the said
William Grant Broughton was thereupon ordained and consecrated
to be the bishop and ordinary pastor of the said see : And whereas
in and by the said letters patent Our said Royal Uncle did declare
that if he, his heirs or successors should think fit to recall or revoke
the appointment of the said Bishop of Australia or his successors,
and should declare such his pleasure by letters patent under the
Great Seal of Our said United Kingdom, then every such bishop
should, from and after the notification thereof in such manner as in
the said letters patent should be directed to him to all intents and
purposes cease to be Bishop of Australia : And Whereas by virtue
of the powers of revocation mentioned in the said letters patent We
did, with the concurrence of the said Bishop of Australia, by letters
patent bearing date the i8th day of August in the year of our Lord
1842, wholly separate, divide, and exempt the city of Hobart Town,
and all that Our Island of Van Diemen's Land, and all islands and
territories lying to the southward of Wilson's Promontary, in 39
232 THE AUSTRALIAN CHURCH
degrees 12 minutes south latitude, and to the northward of the 45th
degree of south latitude, and between the i4oth and isoth degrees
of longitude east from Greenwich, and also Macquarie's Island, lying
to the south-eastward of the said island of Van Diemen's Land, and
all other the dependencies of Our said colony of Van Diemen's Land,
and did declare that the said city and colony should thenceforth be
wholly separate and exempted from the jurisdiction, authority, and
diocese of the said Bishop of Australia and his successors, and did
ordain, make, constitute, and declare the same to be the diocese of
the Bishop of Tasmania, as by reference to the said letters patent
will more fully appear : And whereas it has been represented to us
by the Most Reverend Father in God, William, by Divine Providence,
Lord Archbishop of Canterbury, Primate of all England, and Metro-
politan, that considering the present great extent of the said diocese
of Australia notwithstanding the severance therefrom of the said
diocese of Tasmania, as hereinbefore mentioned, and also the in-
convenience arising therefrom as well to the bishop of the said
see, as to the members of the United Church of England and
Ireland resident within the same, he is desirous with the con-
currence of the said Bishop of Australia, that the extent of the said
diocese should be still further reduced, and that the same should be
divided into four several and distinct dioceses, to be styled the
Bishoprick of Sydney, the Bishoprick of Newcastle, the Bishoprick
of Adelaide, and the Bishoprick of Melbourne, the bishops of the
said several sees of Newcastle, Adelaide, and Melbourne, and their
successors, and also the Bishop of Tasmania and his successors, and
the Bishop of New Zealand and his successors, to be subject and
subordinate to the see of Sydney and to the bishop thereof and his
successors, in the same manner as any bishop of any see within the
province of Canterbury is under the authority of the archiepiscopal
see of that province and the archbishop of <the same : And whereas
We, having taken the premises into Our Royal consideration and
having been certified of the concurrence therein of the said Bishop of
Australia, are persuaded that by complying with such request of
the said Archbishop, we shall, under the blessing of Almighty God,
greatly advance the well-being of the said United Church of England
and Ireland within the said colonies and settlements, we have
resolved to grant the same accordingly : Now know ye, that in
pursuance of such Our Royal intention, it is Our will and pleasure,
and We do by these presents revoke and determine the said letters
patent made and passed in the sixth year of the reign of his said
late Majesty King William the Fourth, to all intents and purposes,
save and except as to all acts, matters, or things which may have
been done under the authority of the same, which we will and
ordain shall be and remain of the same force and effect as if the said
letters patent were not revoked and determined. And We do further
by these presents erect, found, ordain, and constitute all those parts
or portions of Our said colony known or called by the names of the
counties of Wellington, Roxburgh, Cook, Cumberland, Camden,
Westmoreland, Georgiana, Bathurst, King, Murray, Argyle, and
Auckland, with the territory to the west bounded by the parallel of
latitude 32 degrees 30 minutes, and the i4ist degree of east longitude,
together with all those parts of the continent of Australia not
comprised within the limits of any other see or diocese, to be a
DOCUMENT J 233
bishop's see and diocese, and to be called from henceforth the
Bishoprick of Sydney ; saving nevertheless unto Us, Our heirs and
successors, the powers of altering from time to time with the consent
of the Archbishop of Canterbury for the time being, if the said see
be vacant, or otherwise of the said archbishop and of the bishop of
the said see for the time being, the limits of the said diocese or of the
jurisdiction of the bishops thereof ; and to the end that this our
intention may be carried into due effect, We having great confidence
in the learning, morals, probity, and prudence of the said Right
Reverend Father in God, William Grant Broughton, heretofore
Bishop of Australia, do by these letters patent name and
appoint him to be bishop of the said see of Sydney. And We do
hereby signify to the Most Reverend Father in God, William, by
Divine Providence, Lord Archbishop of Canterbury, Primate of all
England, and Metropolitan, the erection and constitution of the
said see and diocese, and Our nomination and appointment thereto
of the said Right Reverend Father in God, William Grant Broughton ;
and we do ordain and declare, that the said Right Reverend Father
in God, William Grant Broughton, so by Us nominated and ap-
pointed,-may enter into and possess the said bishop's see as bishop
thereof, without let or impediment from Us, Our heirs or successors,
for and during the term of his natural life, subject nevertheless to
the right of resignation hereinafter more particularly expressed.
And We do further will and ordain that the said Right Reverend
Father in God, William Grant Broughton, bishop of the sa^d see of
Sydney, and his successors the bishops thereof for the time being,
shall be and be deemed and taken to be metropolitan Bishop of
Australasia (subject nevertheless to the general superintendence and
revision of the Archbishop of Canterbury for the time being, and
subordinate to the archiepiscopal see of the province of Canterbury) ;
and We will and ordain that the said bishops of Newcastle, Adelaide,
and Melbourne, and also the Bishop of Tasmania respectively, shall
be suffragan bishops to the Bishop of Sydney and his successor ;
and We further will and ordain, that the said Bishop of New Zealand
and his successors shall also become suffragan bishops to the said
Bishop of Sydney and his successors, in such manner and at such
time as We or Our successors shall hereafter, with the consent of
the said Bishop of New Zealand, or upon a vacancy of the said see,"
be pleased by letters patent under the Great Seal of Our said United
Kingdom, to order and direct ; and We will and grant to the said
Bishop of Sydney and his successors full power and authority, as
Metropolitan of Australasia, to perform aU functions peculiar and
appropriate to the office of metropolitan within the limits of the
said sees of Newcastle, Adelaide, Melbourne, and Tasmania, and
also within the limits of the said see of New Zealand, whenever
We shall as aforesaid be pleased to order and direct, and to exercise
metropolitan jurisdiction over the bishops of the said sees and their
successors, and over all archdeacons, dignitaries, and all other
chaplains, ministers, priests, and deacons in holy orders of the
United Church of England and Ireland, within the limits of the said
dioceses. And We do by these presents give and grant unto the
said Bishop of Sydney and his successors full power and authority
to visit, once in five years, or oftener if occasion shall require, as
well the said several bishops and the'ir successors as all archdeacons
234 THE AUSTRALIAN CHURCH
and dignitaries, and all other chaplains, ministers, priests, and
deacons in holy orders of the United Church of England and Ireland,
resident in the said dioceses, for correcting and supplying the defects
of the said bishops and their successors, with all and all manner of
visitorial jurisdiction, power, and coercion. And We do hereby
authorise and empower the said Bishop of Sydney and his suc-
cessors to inhibit, during any such visitation of the said dioceses,
the exercise of all or of such part or parts of the ordinary jurisdiction
of the said bishops or their successors as to him the said Bishop of
Sydney or his successors shall seem expedient ; and during the
time of such visitation to exercise by himself or themselves, or his
or their commissaries, such powers, functions, and jurisdictions in
and over the said dioceses as the bishops thereof might have exercised
if they had not been inhibited from exercising the same. And We
do further ordain and declare that if any person against whom a
judgment or decree shall be pronounced by the said bishops or their
successors or their commissary or commissaries, shall conceive
himself to be aggrieved by such sentence, it shall be lawful for such
person to appeal to the said Bishop of Sydney or his successors,
provided such appeal be entered within 15 days after such sentence
shall have been pronounced ; and We do give and grant to the
said Bishop of Sydney and his successors full power and authority
finally to decree and determine the said appeals. And We do
further will and ordain that in case any proceedings shall be insti-
tuted against any of the said Bishops of Newcastle, Adelaide,
Melbourne, Tasmania, and New Zealand, when placed under the
metropolitical see of Sydney, such proceedings shall originate
and be carried on before the said Bishop of Sydney, whom we
hereby authorize and direct to take cognizance of the same. More-
over, We will and grant by these presents that the said Bishop of
Sydney shall be a body corporate, and do ordain, make and constitute
him to be a perpetual corporation, and to have perpetual succession,
and that he and his successors be for ever hereafter called and
known by the name or title of the Lord Bishop of Sydney, and that
he and his successors by the name or title aforesaid shall be able and
capable in the law, and have full power to purchase, have, take,
hold, and enjoy manors, messuages, lands, tenements, annuities,
and hereditaments, of what nature or kind soever, in fee or in
perpetuity, or for a term of life of years, and also all manner of
goods, chattels, and things personal whatsoever, of what nature or
value soever, and that he and his successors, by and under the said
name or title, may prosecute, claim, plead and be impleaded, defend
and be defended, answer and be answered, in all manner of courts
of Us, Our heirs and successors, and elsewhere, in and upon all and
singular causes, actions, suits, writs, and demands, real and personal,
and mixed, as well spiritual as temporal, and in all other things,
causes, and matters whatsoever ; and that the said Bishop of Sydney
and his successors shall and may for ever hereafter have and use
a corporate seal, and the said seal from time to time, at his and
their will and pleasure, break, change, alter, or make anew, as he
or they shall deem expedient. And We are moreover pleased to
order and direct that the said Bishop of Sydney under that title
may take up, continue, and proceed with every act or engagement
lawfully commenced, done, or entered into as Bishop of Australia,
DOCUMENT J 235
under .the letters patent heretofore granted to him as bishop of the
said see of Australia. And We do hereby further ordain and declare
that the church called Saint Andrew's, in the city of Sydney afore-
said, shall henceforth be the cathedral church and see of the said
Right Reverend Father in God William Grant Broughton and his
successors, Bishops of Sydney. And We do further by these presents
expressly declare, that the said Bishop of Sydney and his successors,
having been respectively by Us, Our heirs and successors named
and appointed, and by the said Archbishop of Canterbury for the
time being, as metropolitan of the said see, canonically ordained
and consecrated according to the form and usage of the United
Church of England and Ireland, may perform all the functions
peculiar and appropriate to the office of bishop within the said
diocese of Sydney. And We do by these presents further declare,
that the aforesaid Bishop of Sydney and his successors may exercise
and enjoy full power and authority by himself or themselves, or by
the archdeacon or archdeacons, or the vicar-general, or other officer
or officers hereinafter mentioned, to give institution to benefices, to
grant licenses to officiate to all rectors, curates, ministers, and
chaplains of all the churches or chapels, or other places within the
said diocese wherein Divine service shall be celebrated according to
the rites and liturgy of the Church of England, and to visit all
rectors, curates, ministers, and chaplains, and all priests and deacons
in holy orders of the United Church of England and Ireland resident
within the said diocese ; and also to call before him or them, or
before the archdeacon or archdeacons, or the vicar-general, or other
officer or officers hereinafter mentioned, at such competent days,
hours, and places, when and so often as to him or them shall seem
meet and convenient, the aforesaid rectors, curates, ministers,
chaplains, priests, and deacons, or any of them, and to inquire as
well concerning their morals as their behaviour in their said offices
and stations respectively, subject nevertheless to such rights of
review and appeal as are hereinafter given and reserved ; and for
the better accomplishment of the purposes aforesaid, We do hereby
grant and declare that the said Bishop of Sydney and his successors
may found and constitute one or more dignities in his said cathedral
church, and also one or more archdeaconries within the said diocese,
and may collate one or more fit and proper persons to be dignitaries
of the said cathedral church, and also one or more fit and proper
persons to be the archdeacons of the said archdeaconries respectively :
Provided always, that such dignitaries and archdeacons shall
exercise such jurisdiction only as shall be committed to them by
the said bishop or his successors, and the said bishop and his suc-
cessors may also from time to time nominate and appoint fit and
proper persons to be respectively the officers hereinafter mentioned ;
that is to say, to be vicar-general, official principal, chancellor, rural
deans, and commissaries, either general or special, and may also
appoint one or more fit and proper persons to be registrars and
actuaries : Provided always, that the said dignitaries and archdeacons
aforesaid shall be subject and subordinate to the said Bishop of
Sydney and his successors, and shall be assisting to him and them
in the exercise of his and their episcopal jurisdiction and functions.
And We will and declare that during a vacancy of the said see of
Sydney by the demise of the bishop thereof or otherwise, the said
236 THE AUSTRALIAN CHURCH
dignitaries and archdeacons, and the said vicar-general and other
officers respectively appointed as aforesaid, shall continue to exercise,
so far as by law they may or can, the jurisdiction and functions
delegated to them, and that the said registrars and actuaries shall
respectively continue to discharge the duties whereunto they have
been appointed until a new bishop of the said see of Sydney shall
have been nominated and consecrated, and his arrival within the
limits of the said diocese shall have been notified to the said parties
respectively. And We further will and do, by these presents declare
and ordain, that it shall be lawful for any party against whom any
judgment, decree, or sentence shall be pronounced by any of the
said archdeacons, or by the vicar-general, or other officer or officers
of the said Bishop or his successors, to demand a re-examination
and review of such judgment, decree, or sentence before the bishop
or his successors in person, who upon such demand made shall take
cognizance thereof, and shall have full power and authority to
affirm, reverse, or alter the said judgment, sentence, or decree ;
and if any party shall conceive himself aggrieved by any judgment,
decree, or sentence pronounced by the said Bishop of Sydney or his
successors, either in case of such review or in any cause originally
instituted before the said bishop or his successors, it shall be lawful
for the said party to appeal to the said Archbishop of Canterbury
or his successors, who shall finally decide and determine the said
appeal : Provided always, that in any such case of appeal or review,
notice of the intention of the party to make such appeal or demand
such review shall be given to the bishop or subordinate judge by
whom the sentence appealed from or to be reviewed shall have been
pronounced within fifteen days from the promulgation thereof.
And We do further will and by these presents ordain, that in all
cases in which an appeal shall be made or review demanded as
aforesaid, a copy of the judgment or sentence in such case pro-
mulgated or given, setting forth the causes thereof, together with
a copy of the evidence on which the same was founded, shall without
delay be certified and transmitted by such subordinate judge to
the said bishop or his successors, or by the said bishop or his sue*
cessors to the said Archbishop of Canterbury, as the case may
require. Moreover, it is Our will and pleasure, and We do hereby
declare and ordain, that nothing in these presents contained shall
extend, or be construed to extend, to repeal, vary, or alter the
provisions of any charter whereby ecclesiastical jurisdiction has
been given to any court of judicature within the limits of the said
diocese. And for removing doubts with respect to the validity of
the resignation of the said office and dignity of Bishop of Sydney,
it is Our further will that if the said bishop or any of his successors
shall by instrument under his hand and seal delivered and sent to
the Archbishop of Canterbury for the time being, and by_him
apcepted and registered in the Office of Faculties of the said Arch-
bishop, resign the office and dignity of Bishop of Sydney, such
bishop shall, from the time of such acceptance and registration,
cease to be Bishop of Sydney to all intents and purposes, but without
prejudice to any responsibility to which he may be liable in law or
equity in respect of his conduct in his said office. And lastly, to
the end that all things aforesaid may be firmly holden and done,
We will and grant to the aforesaid William Grant Broughton that
DOCUMENT K 237
he shall have Our letters patent under Our Great Seal of Our said
United Kingdom made and sealed. In witness, &c., the 25th day
of June, in the uth year of o.ur Reign.
By Writ of Privy Seal.
DOCUMENT K
MINUTES OF PROCEEDINGS OF A MEETING OF THE
METROPOLITAN AND SUFFRAGAN BISHOPS OF THE
PROVINCE OF AUSTRALASIA, HELD IN SYDNEY,
OCTOBER i TO NOVEMBER i, A.D. 1850.
Report. The Metropolitan and Bishops of the Province of Austral-
asia, having by the good Providence of God, been permitted to
assemble themselves together in the Metropolitan City of Sydney,
on the ist day of October, in the year of our Lord 1850, and having
consulted together on such matters as concern the progress of true
Religion, and the welfare of the Church in the said Province and in
the several Dioceses thereof, did agree to the decisions and opinions
contained in the following Report ir
ORDER OF SUBJECTS
i. Objects of the Conference. 2. Canons of A.D. 1603-4. 3.
Future Synods and Conventions, Provincial and Diocesan. 4.
Church Membership. 5. Discipline : (i) Bishops and Clergy, (2)
Laity. 6. Status of Clergy. 7. Liturgy : Decisions and Opinions
concerning (i) Division of Services ; (2) The Administration of
Holy Communion ; (3) The Occasional Offices ; (4) Service for
Saint's Day falling on a Sunday ; (5) Persons prayed for ; (6)
Persons returning thanks ; (7) The Offertory ; (8) Sponsors ; (9)
Marriage (a) within prohibited degrees, (&) of persons not Members
of the Church, (c) Irregularly solemnised, (d) Caution to be used ;
(10) Churching of Women ; (n) Claim to the Offices of the Church.
8. Holy Baptism. QT Educational : (i) Schools, (2) University.
10. Board of Missions.
I. OBJECTS OF THE CONFERENCE
We, the undersigned Metropolitan and Bishops of the Province of
Australasia, in consequence of doubts existing how far we are
inhibited by the Queen's Supremacy from exercising the powers of
an Ecclesiastical Synod, resolve not to exercise such powers on the
present occasion.
But we desire to consult together upon the various difficulties in
which we are at present placed by the doubtful application to the
Church in this Province of the Ecclesiastical Laws, which are now
in force in England ; and to suggest such measures as may seem to
be most suitable 1 for removing our present embarrassments ; to
consider such questions as affect the progress of true religion, and
the preservation of Ecclesiastical order in the several Dioceses of
this Province and finally, in reliance on Divine Providence, to
adopt plans for the propagation of the Gospel among the Heathen
238 THE AUSTRALIAN CHURCH
races of Australasia, and the adjacent islands of the Western
Pacific.
We request The Right Reverend The Lord Bishop of Newcastle
to act as our Secretary, and to embody our resolutions in a Report,
to be transmitted to the Archbishops and Bishops of the United
Church of England and Ireland.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A, NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
II. CANONS OF A.D. 1603-4
We are of opinion that the Constitutions and Canons agreed upon
with the King's Majesty's license, in the Synod begun at London,
A.D. 1603, and published for the due observation of them by His
Majesty's authority, under the Great Seal of England, form part of
the established Constitution of our Church, and are generally bind-
ing upon ourselves, and the clergy of our respective Dioceses.
Where they cannot be literally complied with, in consequence of
the altered state of circumstances since the enactment of the Canons,
we are of opinion that they must be, as far as possible, complied
with in substance.
We concur also in thinking that a revisal and fresh adaptation of
the Canons to suit the present condition of the Church is much to
be desired, so soon as it can be lawfully undertaken by persons
possessing due authority in that behalf.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
f s
III. FUTURE SYNODS AND CONVENTIONS, PROVINCIAL AND-
DIOCESAN
We are of opinion that there are many questions of great im-
portance to the well-being of the Church in our Province, which
cannot be settled without duly constituted Provincial and Diocesan
Synods.
Without defining the exact meaning of the word Synod as used
in the Church of England, whenever the words " Provincial Synod "
or " Diocesan Synod " shall be used in the following resolutions, we
understand a body composed of one or more Bishops, with repre-
sentatives chosen from among the clergy, meeting at such times and
in such manner as may not be inconsistent with any Law of Church
or State.
We understand the Functions of Provincial and Diocesan Synods
to be these :
1 . To consult and agree upon Rules of Practice and Ecclesiastical
Order within the limits of the Province or Diocese.
2. To conduct the processes necessary for carrying such rules into
effect. But not to alter the Thirty-nine Articles, the Book of Common
Prayer, or the Authorised version of the Holy Scriptures.
(2) Sub-division of Dioceses and Consecration of Bishops
i. We are of opinion that it appertains to a Provincial Synod,
with the concurrence of the Diocesan Synod, from time to time, to
DOCUMENT K 239
decide upon plans for such sub-division of Dioceses as may be
necessary for the more efficient discharge of the Episcopal duties,
and to recommend those plans for adoption in accordance with the
Laws which shall be in force at the time.
2. We submit that no sub-division of any Colonial Diocese should
be determined on in England without previous communication with
the Bishop of that Diocese, in order that the proposed measures
may be laid before the Diocesan and Provincial Synods, before they
be finally adopted.
3. We would further express our opinion, that if the Provincial
Synod should recommend a Colonial Clergyman for appointment to
fill a new or vacant See, the recommendation should be favourably
considered by the authorities in England, and that the person
designated to such See should, in conformity with ancient practice,
be consecrated by the Metropolitan and Bishops of the Province,
unless grave inconvenience be likely to ensue.
(3) Provincial and Diocesan Conventions,
1 . We are of opinion that the Laity acting by their Representatives
duly elected, should meet in Diocesan and Provincial Conventions
simultaneously with the Diocesan and Provincial Synods, that the
Clergy and Laity may severally consult and decide upon all questions
affecting the temporalities of the Church, and that no act of either
order relating thereto should be valid without the consent of the
other.
2. That any change of Constitution affecting the whole body of
the Church should be first proposed and approved in the Provincial
Synod, but should not be valid without the consent of the Provincial
Convention.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
IV. CHURCH MEMBERSHIP
We acknowledge as Members of the Church of England all persons
who, having been duly baptised with water, in the name of the
Father, Son and Holy Ghost, are conformable to the Doctrine,
Government, Rites and Ceremonies, contained in the Book of
Common Prayer ; it being understood that they are entitled to
claim at the hands of its Ministers the rites and ceremonies of our
Church, so long only as they shall continue conformable to the
extent above required.
By a Member of the Church of England in full communion, we
understand every one, who being conformable as aforesaid, is a
partaker of the Holy Communion, as required by the rules of the
Church.
While we would leave the Synods and Conventions, which may
hereafter be appointed, to fix the qualifications of electors, we would
express our decided conviction that all persons elected to serve as
members of Diocesan and Provincial Conventions should be members
of the .Church in full communion.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND, C. MELBOURNE.
F. R, TASMANIA. W. NEWCASTLE.
240 THE AUSTRALIAN CHURCH
V. DISCIPLINE
(i) Bishops and Clergy
In consequence of statements which have been made in various
places, of the arbitrary power possessed by Bishops to suspend or
revoke at their own discretion the licences of clergymen, we dis-
claim all wish to exercise any such power, and we, are of opinion,
that in all cases of doctrinal error, or other ecclesiastical offences,
the Bishops of the Province should be the Court for the trial of a
Bishop, and that the Diocesan Synod should be the Court for the
trial of a Presbyter or Deacon, and that the Metropolitan arid the
Bishop of the Diocese respectively should be ex-officio Presidents of
such Courts, either in person, or by their Commissaries.
Further, it would appear to be necessary that any Bishop or other
Clergyman suspended or deposed by due sentence of the Court,
should be legally incapable of continuing to hold possession of any
Church, Chapel, Stipend, House, Glebe, or other temporalities, which
he may have held by virtue of his office.
We are also of opinion that the form of procedure in all cases of
Appeal requires to be denned.
(2) Laity
Bearing in mind the wish expressed in the Commination Service,
that the Godly discipline of the Primitive Church may be restored,
we are of opinion :
That it is the duty of every Church to seek by spiritual admoni-
tions to reclaim those of its members who are living in notorious sin.
We therefore hold it to be the duty of every clergyman having
cure of souls, privately to admonish all evil-doers among those
committed to his charge, " as needs shall require, and occasion shall
be given."- We would also remind the Lay Members of the Church,
that the Clergy are required by the Rubric to repel from the Holy
Communion all persons who are living in sin so open and notorious
as that the congregation is thereby offended, and who after due
admonitions shall continue impenitent, and without amendment of
life.
Provided always, that every Minister so repelling any shall give
an account of the same to the Bishop of the Diocese within fourteen
days after, at the farthest. And we are of opinion, that it is the
duty of the Bishop earnestly to admonish every person so repelled
to qualify himself by repentance for readmission to Holy Com-
munion.
Until the establishment of a form of process by a Provincial Synod
with the concurrence of a Provincial Convention, we are of opinion
that in cases where all spiritual admonitions have failed to reclaim
members of the Church, who are living in notorious sin, it may
become the duty of the Bishop, with the aid and concurrence of his
Presbyters, to pronounce such persons excommunicate so far as to
release any clergyman from the obligation to use the burial service,
if they should die without sufficient proof of repentance.
But remembering the solemn charge which we have received at
our consecration, to " bind up the broken, to bring again the out-
casts, to seek the lost, to be so merciful as not to be too remiss, and
so to minister discipline that we forget not mercy," we are of opinion
DOCUMENT K 241
that it is our duty, as in every case, so especially in those which
have been here noticed, to use faithful and affectionate admonition
before we proceed to any strict exercise of the discipline of the
Church.
W.G.SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
VI. STATUS OF CLERGY
i. We desire to express our opinion, that no clergyman who shall
have been duly appointed and licensed to any Church or permanent
cure of souls, should be removable therefrom, except by sentence
pronounced, after judicial inquiry, before the Diocesan Synod.
i. That this rule should not apply to those clergymen who have
been appointed and licensed by the Bishop to any charge expressly
understood to be of a temporary nature,
3. At the same time we consider it to be most desirable in the
present state of the Church of England in our Dioceses, that candi-
dates for Holy Orders should devote themselves to the service of
the Church, in that willing spirit which would induce them to place
themselves at the disposal of their Bishop for some definite term of
years, and leave to him the responsibility of appointing and changing
their station during such period.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND. C. MELBOURNE. ...
F. R. TASMANIA. W. NEWCASTLE.
VII. LITURGY
(i) Division of Services
We are of opinion that the Bishop of each Diocese, as Ordinary
has a discretion to authorise clergymen, in cases of necessity, to
divide the morning service, by using either the Morning Prayer, the
Litany, or the Communion Service separately ; but that each of
the services so used should be read entire.
(2) The Administration of Holy Cdrnmunion
In parishes where the number of communicants is very great, the
Communion Service may be used separately, and the Lord's Supper
administered at an early hour, besides the usual administration at
the morning service.
In places where there is no morning service, the administration of
the Holy Communion may be in the afternoon if necessity so require.
When the Holy Communion cannot be administered in a Church,
or other building duly licensed for the celebration of Divine Service,
it may be administered in such places as necessity shall require.
, (3) Occasional Service
We are of opinion that no clergyman has authority at his own,
discretion to abridge or alter any of the occasional services of the,
Church. "
(4) Rules for Service on Saints' Days falling on. Sundays, etc. .
Should a Saint's Day fall on Ash Wednesday, Good Friday, or
Easter Eve, or on Easter Sunday, Ascension Day, Whit Sunday, or
Q
242 THE AUSTRALIAN CHURCH
Trinity Sunday, or on Monday or Tuesday in Easter and Whitsun
weeks, the Lessons, Collect, Epistle, and Gospel for those days are
to be used.
When a Saint's Day shall fall on any other Sunday, the Lessons
of the Saint's Day (unless they be from the Apocrypha) are to be
used, and the Collect, Epistle, and Gospel for the Saint's Day, with
the Collect for the Sunday.
(5) Of Persons for whom the Prayers of the Congregation are desired
It is convenient that the names of the persons for whom the
prayers of the congregation are desired should be mentioned either
before the Litany or before the Prayer for all conditions of men, as
the case may be.
The words, " especially those for whom our prayers are desired,"
may be inserted in the Litany in their appropriate place.
(6) Thanksgiving Service
It is convenient that the names of the persons who desire to return
thanks should be mentioned before the General Thanksgiving.
The words, " particularly to those who desire now to offer up
their praise and thanksgivings for thy late mercies vouchsafed unto
them, ' ' maybe used for persons who have not been specially prayed for.
(?) Offertory
We are of opinion that no clergyman can justly be suspected of
holding opinions at variance with the sound teaching of the Church,
in consequence of his complying with the Rubric, which directs
" that upon the Sundays and other Holy Days (if there be no Com-
munion) shall be said all that is appointed at the Communion, until
the end of the General Prayer (for the whole of Christ's Church
Militant here on earth), together with one or more of the Collects,
concluding with the blessing."
(8) Sponsors
Being aware that the Clergy have felt the great importance of
having duly qualified Sponsors at Holy Baptism, we recommend
that the most earnest endeavours be used by them to convey correct
impressions upon that subject to their several flocks, in the hope
that suitable persons may be in all cases provided to discharge the
duties of that office.
(9) Marriage
(a) Within Prohibited Degrees
Inasmuch as it is directed by the ggth Canon, that " no person
shall marry within the degrees prohibited by the laws of God, and
expressed in a Table set forth by authority, in the year of our Lord
God 1563 " ; we are of opinion that any clergyman of the Province,
who shall solemnise matrimony between persons so related, will be
acting in violation of the Law of the Church.
Referring also to Canons 26 and 109, and to the Rubrics prefixed
to the Communion Service, we are further of opinion that persons
so marrying within the prohibited degrees are liable to be repelled
from the Holy Communion until they have repented and be reformed.
(b) Of Persons neither of whom belongs to the Church
We are of opinion that Ministers of the Church of England ought
not to solemnise marriage between persons neither of whom is of
DOCUMENT K 243
our own communion, except in cases where the marriage cannot*
without extreme difficulty, be solemnised in any other way*
(c) Irregularly Solemnised
While we recognise the validity of all marriages contracted in
conformity with the laws of the State, provided that they be not
contrary to the laws of the Church, we would earnestly impress upon
all members of the Church of England the duty of having their
marriages solemnised according to the rites of the Church, and in
no other way.
(d) Caution to be used
1. We desire to draw the attention of the Clergy to the necessity
of exercising due caution before they proceed to solemnise marriage.
2. We therefore recommend that the banns be thrice published,
except in case of marriage by licence, once at least in the licensed
place of worship which is nearest to the residence of the parties
desiring to be married.
3. And that the Registers of Marriage, Baptism, and Burial be
accurately kept, and copies sent at the times required by Law.
(10) Churching of Women
We are of opinion, from the Rubric at the end of the service for
the Churching of Women, that that service is not intended to be
used for persons who are living in such a state as would justify the
Minister in repelling them from the Holy Communion.
(n) Ministering to Dissenters
We are of opinion that the general principle of Colonial Legislation,
by which the equality of all religious denominations is recognised,
releases the Clergy of the Church of England in thes,e colonies from
the obligation to perform religious services for persons who are not
members of our own Church.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
VIII. HOLY BAPTISM
As Bishops engaged in the charge of extensive Dioceses, and
debarred from frequent opportunities of conference, we do not
presume to think that we can inform or guide the judgment of the
Church at large ; but at a time when the minds of pious and thought-
ful men are in perplexity, we cannot remain altogether silent, nor
refrain from stating what we believe to be the just interpretation of
the Creed, Articles, and Liturgy of the Church of England respecting
the Regeneration of Infants in Holy Baptism.
We believe Regeneration to be the work of God in the Sacrament
of Baptism by which infants baptised with water, in the name of
the Father, Son, and Holy Ghost, die unto sin, and rise again unto
righteousness, and are made members of Christ, children of God,
and inheritors of the Kingdom of Heaven.
We believe this regeneration to be the particular grace prayed for,
and expected, and thankfully acknowledged to have been received
in the baptismal services.
We believe that it is the doctrine of our Church that all infants do
244 THE AUSTRALIAN CHURCH
by baptism receive this grace of regeneration. But remembering
the words of our Lord instituting the Holy Sacrament of Baptism
(Matt, xxviii. ig, 20), which enjoin that they who are baptised are
to be. made disciples and to be taught, we are of opinion that when-
soever an infant is baptised, an assurance ought to be given at the
same time on its behalf (by some one or more baptised persons) that
it will be brought up in the faith of Christ.
We do not recognise in the infant itself any unfitness which dis-
qualifies it from receiving in baptism this grace of regeneration, for
our Lord Jesus Christ does not deny His grace and mercy unto such
infants, but most lovingly doth call them unto Him.
We do not believe that unworthiness in Ministers, Parents, or
Sponsors, hinders this effect of the love of Christ.
We believe that a wilful neglect of the means of grace does not
prove that the gift of regeneration was never received, but in those
who so fall away after baptism, we believe that the consequence of
their having been regenerated is to aggravate their guilt.
Finally, we would express, First, our cordial and entire agreement
with the Articles and Formularies of our Church, in their plain and
full meaning, and in their literal and grammatical sense. Secondly,
our willing disposition to accept and use them all in the manner
which is appointed ; and, with especial reference to our present
subject, to carry on the work of Christian education in the firm belief
that infants do receive in baptism the grace of regeneration. Thirdly,
above all, we would express our unfeigned thankfulness to Almighty
God for the gift and preservation of these inestimable blessings.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G . , A NEW ZEALAND . W . NEWCASTLE .
F. R. TASMANIA.
HOLY BAPTISM
Upon this subject the Bishop of Melbourne preferred to state his
views as follows :
The doctrine of our Church concerning the nature and efficacy of
Holy Baptism may, in my opinion, be stated in the eight following
propositions.
1. Regeneration is that operation of the Spirit of God upon the
heart, which produces a death unto sin, and a new birth unto
righteousness. By regeneration we are made members of Christ,
children of God, and inheritors of the Kingdom of Heaven.
2 . Baptism is the sacrament of regeneration, which is the particular
race prayed for, expected, and thankfully acknowledged to have
een received in the baptismal service.
3. The work of regeneration is wrought in all, whether they be
adults or infants, who receive baptism rightly (Art. xxvii.), but in
none others (Art. xxv.).
4. The Church in her office for the baptism of infants, and in .that
for the baptism of adults, uses the language of faith and hope, and
is not to be understood as declaring positively a fact which it cannot
certainly know, viz. that every baptised infant, or every baptised
adult, is regenerate.
5. The statement put into the mouth of a catechumen, that he
was in baptism made a member of Christ, etc., is to be understood
DOCUMENT K 245
'in the same qualified application as the declaration which almost
immediately follows, that by God's help he will do as his godfathers
and godmothers had promised for him, and that he heartily thanks
his heavenly Father that He hath called him, etc.
6. Repentance and faith are required of those who come to be
baptised, but the Church is silent as to the fitness, or unfitness, of
an infant, who is incapable of repentance and faith, for receiving
regeneration in baptism.
7. The unworthiness of a Minister does not take away the effect
of baptism, either in the case of adults or infants (Art, xxvi.).
8. Parents are nowhere mentioned in the Articles, or in the
baptismal service, but infants are baptised, because they promise
repentance and faith by their sureties. These sureties or sponsors,
are to be duly qualified persons, and no one is to be admitted god-
father or godmother before the said person so undertaking has
received the Holy Communion (Canon xxix.) . The Church, however,
has not positively affirmed that the unworthiness of sponsors dis-
qualifies an infant for receiving the grace of baptism.
The truth of the following four additional propositions may also,
I think, be gathered from the Scriptures, and is perfectly consistent
with the general tenor of the Articles and Formularies of our
Church, viz. :
9. Sponsors, who themselves repent and believe, may and ought
to expect most confidently the grace of regeneration for the children
whom they bring to be baptised.
10. While the Church may, and ought to, use the language of
faith and hope respecting all infants brought to be baptised, im-
penitent and unbelieving sponsors are not entitled to expect any
blessing from an ordinance which they only profane.
11. Children who have been baptised are to be taught to regard
God as their Father, and to love and trust in Him as having redeemed
them by His Son, and sanctified them by His Spirit to pray that
being regenerate, and made the children of God, by adoption and
grace, they may daily be renewed by the Holy Ghost (Collect for
Christmas Day), to consider the guilt of any sins which they may
commit against God, as aggravated by their having been baptised,
and brought up in the faith of the Gospel.
/ 12. Our own personal repentance and faith .are the only sure
evidence of our being spiritually the children of God.
Having thus stated my own views of the doctrine of our Church
concerning Holy Baptism, I would unite with my Right Reverend
Brethren in expressing
1. My cordial and entire agreement with all the Articles and
Formularies of our Church in their plain and. full meaning, and in
their literal and grammatical sense.
2. My willing disposition to accept 'and use them in the manner
which is appointed; and (with especial reference to our present
subject) to carry on the work of Christian education in the firm
belief that infants do receive in baptism the grace of regeneration.
3. Above all, my unfeigned thankfulness to Almighty God for the
gift and preservation of these inestimable blessings.
C. MELBOURNE.
246 THE AUSTRALIAN CHURCH
IX. EDUCATION
(i) Schools
We cannot incur the responsibility of seeming to countenance any
system of erroneous, defective, or indefinite religious instruction by
incorporating ourselves with the Boards, either general or local,
which have the regulation and superintendence of schools so
conducted.
But wherever a Church of England School cannot be established,
the Clergy, after communication with the Bishop, should consider it
their duty to remedy, as far as possible, the evils or defects of any
schools to which Church children may be sent by their parents.
(2) University
We are of opinion that the establishment of the University of
Sydney may promote the growth of sound learning, and may in
many ways assist the Collegiate Institutions of the Church of
England in our respective Dioceses.
But while we are not unwilling that the Students in our Diocesan
Colleges and Schools should compete with all other classes- of Students
in such public University examinations, on general literature and
science, as may be established by a Senate, appointed under ordinance
of the Colonial Legislature, we should decidedly object to any
University system which might have the effect of withdrawing from
our own Collegiate rules the students educated in our separate
Diocesan Institutions.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A. NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
X. AUSTRALASIAN BOARD OF MISSIONS
The objects of the Australasian Board of Missions are two-fold
Domestic and Foreign.
1. Domestic. The conversion and civilisation of the Australian
Blacks.
2. Foreign. The conversion and civilisation of the Heathen races
in all the Islands of the Western Pacific.
The difficulties to be expected in this work, perhaps to a greater
extent than in other Missions, are
1. The low state of barbarism in which these races now are.
2. In the Australian blacks the unsettled habits of the race.
3. The multiplicity of languages and dialects throughout the
whole field of operations.
4. The unhealthiness of many of the Australasian Islands in
certain seasons of the year, especially from January to April.
These peculiar difficulties must be met by a plan of Missionary
action deviating in many respects from the practice of other Missions.
1 . The low state of barbarism in which these races now are seems
to require that a select number should be brought under the most
careful training at a distance from their own tribes.
2. The unsettled habits of the Australian blacks require the same
corrective, and further suggest the necessity of providing religious
instruction for them rather by means of visiting Missionaries than
by fixed Mission stations.
DOCUMENT L 247
3. The multiplicity of languages makes it necessary to conduct
instruction in some one language common to all, which must be
English.
4. The unhealthiness of many of the islands makes it advisable
that Missionary action should be carried on rather by long visits of
the English Missionaries during the healthy season, than by the
occupation of permanent Mission stations.
W. G. SYDNEY. AUGUSTUS ADELAIDE.
G. A, NEW ZEALAND. C. MELBOURNE.
F. R. TASMANIA. W. NEWCASTLE.
DOCUMENT L
THE VICTORIA CHURCH CONSTITUTION ACT.
1 8 VICTORIJE No. 45.
AN ACT
TO ENABLE THE BISHOPS CLERGY AND LAITY OF THE UNITED CHURCH
OF ENGLAND AND IRELAND IN VICTORIA TO PROVIDE FOR THE REGU-
LATION OF THE AFFAIRS OF THE SAID CHURCH.
3oth November, 1854.
WHEREAS it is expedient to provide for the regulation and
management of the affairs of the United Church of England
and Ireland in Victoria. Be it therefore enacted by His mamD 9<
Excellency the Lieutenant-Governor of Victoria by and with the
advice and consent of the Legislative Council thereof as follows :
i. It shall be lawful for any Bishop of the United Church of
England and Ireland in Victoria to convene an Assembly
of the Licensed Clergy and the Laity of such Church in his
Diocese and the Bishop or in his absence a Commissary
appointed in writing by him shall preside in such Assembly. convene
2 .Every Regulation Act and Resolution of such Assembly made
by the Bishop and the Clergy and Laity thereat respecting y^a^.
the affairs of the said Church including all advowson and tionsol
right of patronage shall be binding on every such Bishop ^f^ n
and his successors and on the Clergy and lay members of the Bishops
said Church residing within the Diocese for which such ^embers* 3
Assembly shall have been convened and on none other ot
and on them only so far jas such regulation Act or resolution Churol1 '
may concern the positions rights duties and liabilities of any Minister
or Member of the said United Church or any person in communion
therewith in regard of his ministry membership or communion or
may concern the advowson or right of patronage in pr management
of the property of the said Church. Provided that no such regula-
tion Act or resolution shall be valid except it be made with the
concurrence of a majority both of the Clergy and of the Laity the
votes of the Clergy and those of the Laity being separately taken
and except it receive the assent of the Bishop.
248 THE AUSTRALIAN CHURCH
3. It shall be lawful for any such Assembly by any regulation Act
Assembly r resolution as aforesaid to establish a Commission for the
trial of all Ecclesiastical offences and also to frame rules
Com- a a ' for the conduct management and mode of proceeding: in
mission, and under such Commission and all such rules from time
to time to vary alter and repeal. And such Commission shall be so
constituted as such Assembly may deem expedient. Provided that
no such Commission or any person acting thereunder shall by virtue
of this Act have or exercise any jurisdiction over persons who are
not Clergymen of the said United Church of England and Ireland
and provided also that such Commission and the persons acting
thereunder shall report to the Bishop within whose Diocese any
such offence shall occur their opinion of the matters referred to
them and the penalty which they would recommend to be imposed
which penalty the Bishop shall not have the power to exceed.
4. It shall not be lawful by any regulation Act or resolution of
Powers an y suc h Assembly nor by the sentence of any Commission
ol as aforesaid or any person acting thereunder to impose any
anTcont' penalty or disability other than such as may be consequent
mission, upon a sentence of suspension from or deprivation of any
Ecclesiastical office or Benefice or may affect such advowson right
of patronage or property as aforesaid.
5. No regulation of any such Assembly which shall affect any
right of appeal to Her Majesty in Council or to the Arch-
tions of bishop of Canterbury or to the Metropolitan of the province
Assembly or the subordination of the said Bishops Clergy and Laity
ffectright to the Metropolitan or to the said Archbishop shall be valid
oj appeal unless the consent of the said Archbishop or of the said
6 c< Metropolitan thereto be previously or thereafter signified
by him under his hand and seal nor unless such regulation be con-
firmed by an order of the Archbishop of Canterbury and no regula-
tion Act or resolution made or passed at any Assembly shall be
valid which shall alter or be at variance with the authorised standards
of faith and doctrine of the United Church of England and Ireland
or shall alter the oaths declarations and subscriptions now by law
or canon required to be taken made and subscribed by persons to
be consecrated ordained instituted or licensed within the said
Regula- Church.
almJUPiL 6. No regulation Act or resolution of any such Assembly
Assembly , ,, , . , ,-, , , , f J ~ / / , ,
not to be shall be contrary to the statute conferring a Constitution on
a'lli*^* Victoria or to any Act of the Legislature of Victoria or
Actor . . ... '-.,.. . . it,
Council etc. have legal force or validity as against any such Act.
7. Where any Bishop of the said United Church in Victoria shall
see fit to convene an Assembly as aforesaid such Bishop
summon- sna ^ a ^ sucn ^ me as ^ ^ m ma 7 seem meet previous to the
ing an first Assembly in his Diocese summon thereto the Clergy
Assembly. ^ em g incumbents or licensed by the Bishop within such
Diocese and the Lay Representatives of the Diocese elected as
hereinafter provided and for electing such representatives shall
require each Clergyman instituted or licensed to a separate cure of
souls to summon a meeting of the laymen of the Church of the age
of twenty-one years and upwards resident within his Parish at
such time (within limits which may be prescribed by such Bishop)
and at such place within the Parish or District as to such Clergy-
DOCUMENT! 249
man may seem convenient and every such lay member as afore-
said shall be entitled to vote at such election.
8. The said meeting so soon as five persons at the least are
assembled shall proceed to elect a Chairman by a majority ^
of those present and the Clergyman may be present and to be
qualified to act as such Chairman and the Chairman shall elected
cause a list to be made of those who shall be present and e c "
add thereto the names of any who shall subsequently attend before
the proceedings are closed and shall claim to vote thereat. And
every such layman present shall before taking part or voting at
such meeting sign the following declaration :
"I A.B. whose name is hereto subscribed do declare that I am
a member of the United Church of England and Ireland and
belong to no other religious denomination."
Provided that no person shall be entitled to vote at any such meet-
ing who is known to have impugned the doctrines or discipline of
the said Church.
9. Every such meeting shall choose as a Representative one male
person who shall have been a communicant of the said
Church for. at least the term of twelve months preceding ativefto 1 "
the day of such meeting and if more than fifty and less b ? t d
than one hundred persons shall attend and vote it shall be e ec e '
lawful for such meeting to elect one additional representative and
'so for each additional fifty persons attending and voting as afore-
said. Provided that no Parish or District shall return more than
four such Representatives. . .
10. In case at any such meeting the number of persons proposed
for election exceed the number which the meeting is Mode of
authorised to elect the Chairman shall take in writing the Election
votes of the qualified persons present and enumerated as etc>
aforesaid and every such person may give one vote for each of such
of the persons proposed not exceeding the number which the meet-
ing is authorised to elect as he may think fit and the Chairman
shall declare the number of the votes given for each of the persons
proposed and the Chairman if he be not a Clergyman shall be entitled
to vote at and may be elected by such meeting and where the votes
of two or more persons are equal the Chairman if he be not a Clergy-
man may give a double vote and if he be a Clergyman may give a
casting vote for any such person.
11. The Chairman shall cause to be delivered to each person
elected a certificate of his election and shall sign the
minutes of the meeting in token of their correctness and to be
unless he. be the Clergyman of the Parish or District shall e| T n
forward them to such Clergyman together with all certifi- e c '
cates subscriptions and lists which had been laid before the said
meeting and a certificate of the names callings and addresses of the
persons chosen and the Clergyman shall forward the said documents
to the Bishop to be laid before the Assembly at the meeting thereof .
12. Each Lay Representative elected as aforesaid shall before
taking part or voting at such Assembly sign and deliver Declara .
to. the President thereof a declaration in the form follow- tiontobe
. . . made.
" I A.B. whose name is hereto subscribed do declare that I am
250 THE AUSTRALIAN CHURCH
a communicant of the United Church of England and Ireland
and belong to no other religious denomination."
13. It shall be lawful for the first or any future Assembly as
aforesaid to make such regulations Acts or resolutions as
may make i* ma Y deem fit for altering the Constitution of such As-
regulations sembly with respect to the number election and qualifica-
tion of the lay members thereof the manner in which the
votes of the Clergy and Laity may be taken and the declarations to
be signed by the electors or lay members as aforesaid (provided
that every such lay member shall declare himself a communicant
of such Church) and also for determining the mode in and the
conditions under which such advowson or right of patronage as
aforesaid may be exercised for the licensing of Clergymen by the
Bishop for the adjournment and prorogation of such Assemblies
and the calling of future Assemblies and the mode of election of
the lay members thereof and every such Assembly may repeal alter
or vary such regulations Acts or resolutions.
14. The provisions of this Act in relation to the first convening
Provisions and holding an Assembly in a Diocese and the election of
for cases the lay members thereof shall remain in force and be acted
provided on until the first or any other Assembly shall otherwise
tor provide and in any case not provided for by this Act or by
regulations * ne regulations for the time being of any Assembly the
etc. Bishop of the Diocese may regulate the convening of any
Assembly in such Diocese and the form and manner of all pro-
ceedings preparatory thereto.
15. A copy of the regulations passed at the first Assembly of
c . any Diocese to be called under this Act and also of the
regulations rules framed for any such Commission as aforesaid and
toto^ from time to time of any alterations of such regulations
mitted to an d rules shall be sent by the Bishop of such Diocese duly
Arch- certified under his hand and seal as testifying his assent
op * thereto to the Archbishop of Canterbury and also to the
Metropolitan and the said Archbishop may within six months of
his receipt thereof submit the same with such observations thereon
as he may see fit to make for the consideration of Her Majesty in
Council and Her Majesty by and with the advice of Her Privy
Council may allow or disallow the same as to Her Majesty shall
seem fit and the regulations and rules so allowed and a notification
of such regulations and rules as may be disallowed shall be forth-
with transmitted by the Archbishop to the Bishop transmitting
the same and shall by such Bishop be published in his Diocese.
16. Any regulation or rule disallowed by Her Majesty as afore-
pr vj _ said after the notification of the disallowance thereof shall
Bionai have been received by the Bishop shall cease to be in force
Act| but any act matter or thing done under or in accordance
T ' with any such regulation or rule before such receipt of the
notification of the disallowance thereof shall have the same validity
and effect as if such regulation or rule had been allowed,
17. So soon as a province shall have been constituted in Victoria
it shall be lawful for the Metropolitan thereof from time
Provincial to time to convene the Bishops thereof and to require
mm w. j^em ^ o convene ^e members of the several Diocesan
Assemblies or such Representatives of the same as shall
DOCUMENT M 251
hereafter by any such Provincial Assemblies be determined NOTE
at such time and place as he may deem fit to consider of This
and determine upon all such matters and things as may section is
concern the affairs of the said Church in Victoria and the bisection
said Metropolitan shall be the President of every such Hgf* he h
Provincial Assembly and shall always preside therein O l England
personally or by such Bishop or Bishops of his province Act 1904."
as he may appoint his Commissary or Commissaries
under his hand and seal for that purpose and the Metropolitan
and Bishops attending such Assembly shall sit and vote as one
house and the Clergy and lay members shall sit and vote as another
house and no Act or resolution shall be valid to which both houses
have not assented. And on every division of the house of Clergy
and lay members nothing shall be held to be carried by a majority
of such house but that to which a majority of both the Clergy and
laity voting by Dioceses shall have assented the vote of the majority
of the Clergy present and representing each Diocese being taken
as the vote of the Clergy of such Diocese and the vote of the majority
of the laymen present and representing the laity of each Diocese
being taken as the vote of the laity of such Diocese. And such
Provincial Assembly may pass rules and regulations for the uniform
conduct of and mode of proceeding in all Diocesan Assemblies and
all rules and regulations so passed shall be valid subject to such
alteration allowance or disallowance as has been hereinbefore pro-
vided with regard to the regulations of Diocesan Assemblies.
18. Nothing herein contained shall affect the right to nominate
or appoint any Metropolitan or Bishop of the said United
Church in Victoria or any other rights or prerogatives of Jjjjjjjg.
Her Majesty save so far as the advowson or right of tive not
patronage in Victoria (if any) now vested in Her Majesty lfo* erea
may be hereby expressly impaired diminished or affected.
19. In the construction and interpretation of the provisions of
this Act the word " Bishop " shall include the Metro-
politan of the Province with reference to his Metropolitan Meteti
Diocese.
DOCUMENT M
THE CONSTITUTION OF THE PROVINCE
OF VICTORIA.
[Agreed to and Accepted on November 14, A.D. 1905]
WHEREAS by Determination I. of the General Synod of the
Dioceses in Australia and Tasmania, Session 1881, General Rules
are laid down for the formation of Provinces within the limits of
the Dioceses constituting the said Synod and the regulation of
matters connected therewith ;
And whereas the Province of Victoria has been duly formed,
consisting of the Dioceses of Melbourne, Ballarat, Bendigo, Wanga-
ratta, and Gippsland ; and whereas the City of Melbourne is the
See of the Metropolitan ;
And whereas it is provided by Rule 9 of the said Determination
252 THE AUSTRALIAN CHURCH
that so soon as conveniently may be after the formation of a
Province, the Bishops and Clerical and Lay Representatives of the
Church in the several Dioceses of the Province shall meet under
the Presidency of the Metropolitan thereof, and shall agree upon
the -Constitution of the Provincial Synod of the said Province ;
And whereas it is provided by Rule 10 of the said Determination
that such Constitution as aforesaid shall as nearly as the circum-
stances of the case will permit be framed on the plan of the Con-
stitution of the said General Synod. Provided always that the
powers of the Provincial Synod shall be limited to matters and
things concerning the order and good government of the Church in
the Province, and that no Ordinance or other Determination of the
Provincial Synod shall contravene any Determination of the General
Synod, and provided also that due provision shall be made to enable
the Provincial Synod to accept the Determinations of the General
Synod ;
And whereas it is expedient, without further delay, to agree upon
the Constitution of the Provincial Synod of the said Province of
Victoria :
Now we the Bishops and Clerical and Lay Representatives of the
Church in the said several Dioceses of the said Province being met
under the Presidency of the Metropolitan thereof, do agree to, and
accept, the said following Articles and Provisions of the Constitution
of the Provincial Synod of the Province of Victoria :
i. The Provincial Synod shall be constituted of the Bishops of
all Dioceses within the limits of the Province and of Clerical and
Lay Representatives of the Church in the said Dioceses. And such
Synod shall be. called "The Provincial Synod of the Province of
Victoria." And the Archbishop of Melbourne for the time being
shall be known and designated as Metropolitan.
2." The Provincial Synod shall be convened and holden in the
manner hereinafter provided.
3. The Provincial Synod shall consist of two Houses namely,
the House of Bishops and the House of Representatives and both
Houses shall sit together for deliberation and transaction of business,
but shall on all occasions vote separately. Provided that if at any
time either House shall desire to consult apart on any subject under
consideration the further discussion of that subject shall be post-
poned in order to afford each House an opportunity for such
consultation.
4. To the Provincial Synod every Diocese having under twenty-
one Clergymen duly licensed to officiate within it shall be entitled
to send four Clerical and four Lay Representatives, and every
Diocese having above twenty and under thirty-one such Clergymen
shall be entitled to send six Representatives ,of each order as afore-
said, and every Diocese having above thirty and under forty-one
such Clergymen shall be entitled to send eight Representatives of
each Order as aforesaid and every Diocese having above forty and
under fifty-one such Clergymen shall be entitled to send ten Repre-
sentatives of each Order as aforesaid, and every Diocese having
above fifty such Clergymen shall be entitled to send twelve Repre-
sentatives of each Order as aforesaid. And the mode of electing or
otherwise appointing such Representatives and of supplying any
vacancies in the number of Representatives when elected or other-
DOCUMENT M 253
wise appointed shall be determined by the Church in each Diocese.
Provided always that every Clerical Representative shall be in
Priest's Orders and duly licensed to officiate in the Diocese of which
he is ..a representative, and that every Lay Representative shall be
of the age of 21 years and a Communicant of the Church.
5. A period of not more than three years shall elapse between the
Sessions of the Provincial Synod, but the Metropolitan may at his
own discretion, and shall at the request in writing of a majority 6f
the other Bishops of the said Dioceses, summon at any time a
Session of the Provincial Synod. And for the purpose of holding
any Session of the Provincial Synod the Metropolitan shall, by
writing under his hand and seal, summon, the Bishops of each of
the said Dioceses, and also require such Bishops to convene Repre-
sentatives of the Church in his Diocese at such time and place as
the Metropolitan may deem fit.
6. The Metropolitan, or in his absence the Bishop present senior
in consecration, shall be President of the House of Bishops, and of
the Provincial Synod. And the President may, with the concurrence
of the Synod, prorogue and dissolve the same. ' And the President
may take part in any discussion and vote on any question or matter
arising therein.
7. The Provincial Synod shall have power to make rules for the
conduct of all business coming before it, and to make rules for trying
the validity of the election or appointment of any person claiming
to be a Representative member thereof.
8. The Provincial Synod shall have power to make Ordinances
and Determinations upon and in respect of all matters and things
concerning the order and good government of the Church in the
Province, including the acceptance of any Determination of the
General Synod subject to the provisions hereinafter contained.
Provided that no Ordinance or other Determination of the Pro-
vincial Synod shall contravene any Determination of the General
Synod. And provided that such Ordinances or Determinations
as are passed without reference from any Diocesan Synod shall not
be binding' upon the Church in any Diocese, unless and until such
Ordinance or Determination shall be accepted by the Church in
such Diocese. And the mode of accepting in any Diocese the Ordi-
nances and Determinations of the Provincial Synod shall be laid
down by the Church in such Diocese. Provided that if any matter
be referred to the Provincial Synod by any Diocesan Synod, the
decision of the Provincial Synod shall be binding on the Diocese so
referring the same. .
9. No Rule, Ordinance, or Determination of the Provincial Synod
shall make any alteration in the Articles, Liturgy, or Formularies of
the Church, except in conformity with any alteration which may be
made therein by any competent authority of the Church of England
in England.
10. The Provincial Synod may appoint Committees either under
special instructions or under such General Regulations as shall
from time to time be laid down by the Synod for the purpose of
carrying into effect any Ordinances and Determinations which have
been passed by the Synod.
11. Every Ordinance or Determination of the Provincial Synod
shall be made by a majority of both House's thereof, and in every
254 THE AUSTRALIAN CHURCH
division of the House of Representatives the voting shall be by
Orders, and a majority of the votes of each Order shall be necessary
to secure the resolution of a question in the affirmative. And the
presence of at least three Bishops and of one-third of the Clerical
and one-third of the Lay Representatives of at least two Dioceses
shall be necessary to constitute a meeting of the Provincial Synod.
12. No Rule or Ordinance of the Provincial Synod shall be vitiated
by reason of any informality in the representation of any Diocese,
or want of such representation.
13. In the case of the death, absence, or incapacity of the Metro-
politan, his functions shall be exercised by the Bishop of a Diocese
in the Province senior in consecration. And in case of the absence
of any Suffragan Bishop, his functions under this Constitution shall,
subject to any provisions made in that behalf by the Church in his
Diocese, be exercised by a Commissary appointed by him, and in
case no such Commissary shall have been appointed or the See be
vacant or the Bishop incapable, such functions shall be exercised
by the person who shall then be the next in ecclesiastical rank or
degree in his Diocese and resident therein. Provided that it shall
not be competent for any one to sit in the House of Bishops in the
stead of a Bishop.
14. This Constitution may be altered by the Provincial Synod,
which shall have power to make Ordinances altering it, provided
that every such Ordinance shall have been first approved of at one
Session of the Provincial Synod, forthwith communicated to the
several Diocesan Synods, and assented to by at least two-thirds of
such Dioceses as shall have adopted this Constitution, and finally
passed at the succeeding Session of the Provincial Synod.
DOCUMENT N
THE CONSTITUTION OF THE DIOCESE OF
ADELAIDE, (1855):
FUNDAMENTAL PROVISIONS AND REGULATIONS FOR THE GOVERN-
MENT OF THE UNITED CHURCH OF ENGLAND AND IRELAND WITHIN
THE DIOCESE OF ADELAIDE IN SOUTH AUSTRALIA.
PREAMBLE.
WHEREAS, the Bishop, Clergy, and Laity of the Diocese of
Adelaide, in South Australia, are exposed to divers inconveniences,
by reason of the want of Local regulation to meet the special
circumstances and requirements of their position in this Colony ;
insomuch that if a remedy for such inconveniences be not provided,
the wholesome discipline of the Church may be relaxed, errors of
Doctrine creep in, and other grievances afflict the brethren ;
AND WHEREAS, for the more effectual development and combina-
tion of the sympathies and energies of the Church, in the support
and extension of her Ordinances and Administrations throughout
the Colony, as well for the edification of the brethren, as for the
provoking of them to love and good works, it is desirable that Clergy
and Laity be brought into closer fellowship by periodically con-
ferring together ;
DOCUMENT N 255
AND WHEREAS it is expedient that the due supply and support of
Ministers within this Diocese, as well as the management, disposal,
and enjoyment, of all the Real and Personal Estates and Effects of
this Diocesan Church, be secured ;
AND WHEREAS it is considered desirable by the Lord Bishop of
Adelaide, that he, being the exercise of his Episcopal Authority, aided
by the Clergy and Laity of his Diocese ;
Now, THEREFORE, in consideration of the premises aforesaid, and
to secure the said objects, the following Fundamental Provisions
and Regulations have been agreed upon and adopted for the Govern-
ment of the said Diocesan Church, by the Right Reverend Augustus,
by Divine Permission, Lord Bishop of Adelaide ; by the Reverend
the Clergy of the Diocese, whose names and seals are hereunder
respectively subscribed and affixed, being respectively Presbyters
and Deacons of the Diocesan Church of Adelaide ; and by the under-
signed Lay Communicating Members representing the respective
Churches mentioned opposite their several signatures and seals ;
in Synod assembled, this ninth day of October, 1855.
And are hereby declared to be, and accepted as, and for, a con-
sensual compact between the several parties immediately above-
noted.
DECLARATION.
The Diocese of Adelaide, in South Australia is a part of the United
Church of England and Ireland ; and doth maintain the Doctrine
and Sacraments of Christ, as the Lord hath commanded, and as the
said United Church of England and Ireland doth receive the same ;
together with the Book of Common Prayer, and of ordering of
Bishops, Priests, and Deacons.
FUNDAMENTAL PROVISIONS.
SYNOD.
1. There shall be a Synod for the Regulation of the affairs of that
part of the United Church of England and Ireland within this
Diocese, consisting of the Bishop, of the Clergy holding a Licence
from the Bishop, and of Synodsmen being in full communion,
elected by the respective congregations, each congregation to have
the right of representation in such proportion as may be, from time
to time, determined by the Synod. Deacons may take part in the
discussions, but may not vote thereat. (See Schedule A.)
2. The Synod shall have full power from time to time to make
Fundamental Provisions, and Regulations not fundamental, for this
Diocesan Church, not being repugnant to the Declaration and
Preamble prefixed hereto ; and such Synod is and shall be the
proper Court for the trial of such offences as may be presented to
it by the Bishop.
3. Synodsmen shall be elected annually, and shall of right speak
and vote upon equal terms with the Clergy.
4. The Synod shall meet annually in Adelaide, but the Bishop
may, at any other time, and will, if the Standing Committee so
recommend, when specially requested in writing by ten Synodsmen
representing not less than five congregations, and five Clergymen
in Priest's Orders, convene the Synod.
5. The Bishop shall preside at all such meetings ; and whenever
256 THE AUSTRALIAN CHURCH
the Synod does not vote by Orders, shall have a Casting as well as a
Deliberative vote. .....
6. No business may be transacted by the Synod unless one-
quarter of the whole body be present. . .
7. The Synod shall not make, alter, or repeal, any Fundamental
Provision without notice duly given for a Call of the Synod, and the
concurrent assent of the Bishop, and of at least two-thirds of the
Clergy and Synodsmen present, respectively, voting by orders.
8. All questions respecting the appropriation of Funds within
the control of the Synod shall be decided by a majority of the Synpd,
not voting by orders.
9. The Synod shall at its Annual Meeting appoint a standing
Committee, Secretary, and Treasurers, to transact such business as
may be assigned to them by the Synod ; .to hold office until their
successors be appointed. . ..
10. The Accounts, Minutes, and all other Records of the Synod
shall be accessible to the Members of the Synod at .all reasonable
times.
11. An Abstract of Receipts and Expenditure of all Funds under
the control of Synod shall be printed and published annually.
12. No person shall vote for the election of a Synodsmari for the
Church to which he may belong, unless he be a stated attendant
thereat, and shall have signed a declaration that he is a bona fide
member of the Church of England, and of no other religious body.
(See Schedule B.)
PAROCHIAL ORGANIZATION.
13. The Diocese of Adelaide shall, in respect of the Members of
the United Church of England and Ireland, be divided into Parishes ;
each Parish to consist of the Members of such Church resident
within certain limits, to be defined .and readjusted from time to
time by the Synod.
. 14. Whenever any number of persons professing to belong to
the United Church of England and Ireland, shall desire to unite in
Public Worship, and request to be recognised as a Parish, the Synod
shall, if it think fit, upon such persons showing that a reasonable
income can be provided for a Minister, and engaging, by some
formal instrument, to consent to the Fundamental Provisions and
Regulations passed in Synod, constitute such Parish under some
distinctive appellation, and shall assign the boundaries thereof.
(See Schedule C.)
15. The Incumbent of any Church shall be a Clerk in Priest's
Orders, holding the License of the Bishop.
16. Such Incumbent shall, before Induction, subscribe a Declara-
tion, that he will, when sentenced, according to these Fundamental
Provisions, to Deprivation or Suspension, and served with notice
thereof, quit and give up possession, on demand of the Bishop, to the
Trustees or Trustee for the time being of such Incumbency, of all
the Real and Personal Estate and Effects which he may at any time
hold, or be entitled to, by virtue of his Incumbency and Licence,
(See. Schedule D.) .
17. No Clergyman shall be Incumbent of the Church of which he
is a Trustee ; or Trustee of any property, Real or Personal, incident
to his office of Incumbent of such Benefice.
DOCUMENT N
1 8. The Spiritual care of Members of the United Church of
England, and Ireland, not residing in any Parish shall be provided
for by means of ordained Missionaries, Licensed by the Bishop ; or if
such may not be had, by duly qualified Lay Persons specially
licensed thereto.
DISCIPLINE.
19. Any accusation against a Clergyman of the Diocese shall be
made to the Bishop in writing and signed by the party or parties
preferring it.
20. The Bishop shall then, if in his opinion it be a matter of
sufficient importance, cause to be served upon the accused, a copy
of the said charge ; and refer it to a Committee of Preliminary
Inquiry, consisting of the Chapter, or of three grave Ministers.
21. If on such inquiry there shall appear no sufficient ground for
the charge, the Bishop may dismiss the same.
22. But should a prima facie case be established, the Bishop shall,
unless the accused forthwith submit himself to the judgment and
sentence of the Bishop, bring the matter before the Standing Com-
mittee, who shall proceed to elect by ballot from the whole body of
the Synod, Five Presbyters, and Five Synodsmen, who shall sign the
declaration contained in Schedule E, to act with the Bishop as his'
Assessors. (See Schedule E.)
23. The accused shall then be furnished with a copy of the charge,
and with a written citation, under the Episcopal Seal of the Bishop,
to appear before him and his Assessors, on a day not less than ten
days after service thereof, and at a place and hour specified in the
citation, to answer the charge.
24. If the accused be found guilty by a majority of the Assessors,
the Bishop shall pass such sentence upon him, as, in the full exercise
of his jurisdiction, and in his conscience, he shall deem right ; and the
accused shall be entitled to receive a copy of such sentence, under
the hand and Episcopal Seal of the Bishop.
25. Should the accused demur to the verdict of the Assessors, he
shall be allowed an appeal to the whole Synod ; and the sentence of
the Bishop, consequent on the decision of the Synod, shall, as
respects temporalities, be final. Notice of such appeal must be
given to the Bishop, within ten' days from the adjudication before
the Assessors.
26. No Clergyman shall be suspended from officiating for more
than fourteen days, until after inquiry into the charge against him
by the Committee of Preliminary Inquiry.
27. In the event of any accusation being brought against a Bishop
of this Diocese, the charge must be preferred in writing under the
hand of the party making the same, and delivered to the Senior Arch-
deacon, or, in his absence or default, to the Dean or next Senior
Member of the Chapter ; who, if the accusation is stated in precise
terms, and is supported by not less than three regular communicants
in this Diocesan Church, certifying their belief of the same, shall
forward the same without delay to the Metropolitan.
28. Any persons bringing forward an unfounded or. frivolous
accusation against a Bishop, or any Clergyman, shall be deemed
worthy of censure by the Synod ; and a copy of such censure shall
be forwarded to the Minister and Wardens of the Church to which
258 THE AUSTRALIAN CHURCH
the accuser or accused may belong, together, in the case of a Bishop,
with the decision of the Metropolitan on the accusation.
TRUSTEES.
29. The Synod shall appoint a Body of Trustees, not less than six,
of whom the Bishop for the time being shall be one, to hold property
that may be given for the general purposes of the Diocese.
30. The Clergy, Synodsmen, Electors and Assessors, shall respec-
tively sign the Declarations contained in Schedules A, B, C, D, and
E, hereto appended.
31. The words " The Bishop " in these Fundamental Provisions
and Regulations shall (unless there be something in the subject or
context repugnant to, or inconsistent with, such construction)
include the Bishop's Commissary.
REGULATIONS (NOT FUNDAMENTAL).
SYNOD.
1. The Synod shall meet on the summons of the Bishop, within
one calendar month after Easter.
2. At the commencement of every Session the Members of the
Synod shall attend Divine Service.
3. The proceedings of the Synod shall then be opened by the
Bishop delivering a Pastoral Address containing a Report of the
general state of the Church in the Diocese, and such other matters as
he may think fit.
4. The Standing Committee shall then deliver their Report for
the past year, with statements of Accounts duly audited.
5. The Synod shall then proceed to the election by Ballot of the
Standing Committee and other Officers for the ensuing year.
6. Notices of Motion shall then be given and business proceeded
with in accordance with the Standing Orders.
7. No Session of Synod shall be closed until the business thereof
shall have been disposed of.
SYNODSMEN.
8. Synodsmen shall be elected at the Vestry Meetings in Easter
Week, and from time to time, as vacancies may occur, and their
names returned to the Bishop by the Chairman within seven days
after election.
9. The City Churches shall each have four Synodsmen, Suburban
and Country Churches each two Synodsmen.
STANDING COMMITTEE.
10. The Standing Committee shall consist of seven Clerical, and
fourteen Lay Members, the Bishop, if present, presiding : seven
Members to form a quorum.
11. The Standing Committee shall meet monthly, or oftener if
necessary.
FUNDS.
12. There shall be one General Church Fund, to be appropriated
by the Synod towards the support and extension of the Ministrations
DOCUMENT N - 259
of the Church, especially in the remote and thinly populated portions
of the Diocese. Special donations to be applied in accordance with
the wishes of the Subscribers.
SCHEDULES REFERRED TO IN FUNDAMENTAL
PROVISIONS.
SCHEDULE A.
(Clause i.)
I, do hereby declare that I am a Member of the
United Church of England and Ireland, and belong to no other
Religious Denomination, and I hereby accept the office of a Synods-
man, and promise to perform honestly, impartially, faithfully, and
to the best of my judgment and ability, the Duties of that office.
Witness < , . Signature.
SCHEDULE B.
(Clause 12.)
I, do hereby declare that I am a Member of the
United Church of England and Ireland, and belong to no other
Religious Denomination.
Witness < Signature.
SCHEDULE C.
(Clause 14.)
We, the undersigned Members of the United Church of England and
Ireland, in consideration of our being recognised as a Parish in the
Diocese of Adelaide, under the designation of , and
of our being entitled to be represented in Synod, do hereby engage
to abide by the Fundamental Provisions and Regulations of this
Diocesan Church.
Witness our Hands, this day of
SCHEDULE D.
(Clause 1 6.)
I (A.B., of) do hereby engage to give up to the Trustees, on demand
of the Bishop or the Trustees, possession of all the Real and Personal
Estates and Effects which I may hold, or be entitled to, by virtue of
my office, at the time, if and when sentenced according to the
Fundamental Provisions of the Diocese, to Deprivation or Suspen-
sion ; and that I will, in all other respects, conform to and abide
by the said Provisions.
As Witness my Hand this day of
26c) THE AUSTRALIAN CHURCH
SCHEDULE E.
(Clause 22.)
I, (A.B., &C-.-X hereby declare that I am a Member of the United
Church of England and Ireland, and belong to no other Religious
Denomination, and that I allow the Thirty-nine Articles and the
Book of Common Prayer, and the Manner of Making, Ordaining, and
Consecrating of Bishops, Priests, and Deacons, to be agreeable to the
Word of God. And I hereby promise to perform honestly, im-
partially, faithfully, and to the best of my judgment and ability
those duties which are required of me.
As Witness my Hand this day of A.D.
A.B.
Witness C.D. of &c.
E.F. of &c.
COMPACT.
The foregoing Declaration, Fundamental Provisions, and Regula-
tions, presented for our acceptance by the Lord Bishop of Adelaide,
on behalf of himself and his Successors, forasmuch as we believe them
to be for the spiritual well-being of this Diocese, We, the Undersigned,
accept, and solemnly promise to observe, and as far as in us lies, to
enforce, as a Contract knowingly and willingly entered into, by and
between the several parties from time to time having notice thereof,
and who, by acting thereunder, or accepting or availing themselves
of any of the obligations or advantages thereof, expressly or by
implication consent thereto.
IN WITNESS whereof, we have to these presents set and subscribed
our respective Hands and Seals this Ninth day of October, in the
year of our Lord God, One thousand Eight Hundred and Fifty-five.
(Here follow the signatures.)
DOCUMENT
RESOLUTIONS ADOPTED BY THE ADELAIDE
DIOCESAN CONFERENCE (January 6, 1852),
[S.P.G. Library 15088].
(Reprinted from the Proceedings of the Conference of the Bishops,
Clergy, and Laity of the Diocese of Adelaide, held on the 6th of
January [1852], in Trinity School Room, Adelaide (Adelaide, 1852).
Pp. 19-23.)
Whereas the Church of England in South Australia receives no aid
from the Local Government by grants of land or money ; but is
dependant solely on the voluntary contributions of its members for
the support of its Ministry ; the maintenance of Missions to the
Aborigines and other Heathen ; and for the building of Churches,
Parsonages, and Schools, in which its doctrine and discipline may be
taught : And whereas for the edification of its Members, and " pro-
voking to love " and the above-mentioned " good works," it is desir-
able that they should be brought into closer fellowship by Parochial
DOCUMENT 261
Organization, and " the assembling of themselves together " periodic-
ally : We the Bishop, Clergy, and Laity, in Conference assembled,
have agreed to recommend the following plans and suggestions to
the several Congregations of this Colony.
And whereas this Diocesan Church is part and parcel of the United
Church of England and Ireland, by Law established in the United
Kingdom ; and therefore subject to the general Ecclesiastical Laws
enforcing the Supremacy of the Crown, the use of the Book of
Common Prayer, the Authorised Version of the Holy Scriptures, and
subscription to the Thirty-nine Articles : We, the Bishop, Clergy,
and Laity being under the obligations thus implied, and being earn-
estly desirous to maintain inviolate that unity and fellowship in the
Church of our Fathers, do declare that we hold it to be incompetent
for any Diocesan Assembly, or Synod of the Clergy, or Convention
of Lay Representatives, held in pursuance of these recommendations,
to " treat, debate, consider, consult, or agree upon," any alteration
in those Formularies and Principles, except it be initiated by the
direct authority of the Crown, or in virtue of Licence from the Crown
obtained in that behalf :
Under this limitation, with the view of promoting the closer
fellowship as well as efficiency of' this Diocesan Church, we have
resolved to recommend that an Assembly consisting of the Bishop,
Chapter of Clergy, and Convention of Lay Representatives be con-
vened periodically, composed as is hereinafter specified, and to be
called the " Diocesan Assembly."
I. DIOCESAN ASSEMBLY.
THIS Assembly is constituted when the Convention and Chapter of
Clergy meet together and are presided over by the Bishop.
II. CHAPTER OF CLERGY.
The Chapter of Clergy consists of every duly licensed officiating
Minister, Presbyters alone having the right of voting.
III. CONVENTION OF LAITY.
The Convention shall consist of Lay Representatives (being Com-
municants) for all the Congregations, in the following proportion :
for a Congregation under 100 souls, one Representative ; 100 and
under 200, two Representatives ; and so on in proportion : to be
elected annually in the month of October by the registered Lay
Members of each Congregation contributing to its Seat Rent or the
Pastoral Aid Fund, and attending from time to time on the worship
of the Church.
INSTRUCTION. Under the present circumstances of the Church
in this Diocese, we are of "opinion that persons who communicate three
times in the year are eligible to be elected Lay Representatives.
IV. ELECTION OF REPRESENTATIVES.
A meeting of adult male Registered Lay Members qualified to vote
according to Clause III, shall be called for the purpose of electing
Representatives, by the Minister, or in his absence or default by the
Wardens, by a Notice posted on the Church doors at least seven clear
262 THE AUSTRALIAN CHURCH
days previous to the day of Meeting. Each adult shall have a vote
for each sitting, provided that no person shall have more than six
votes. No person shall vote in respect of any sitting the rent of
which shall be then due and unpaid. The Votes shall be in writing,
to be openly declared, personal attendance not being necessary. In
the event of any person elected as Representative declining, or being
unable to act, the next highest on the list, shall be declared duly
elected. In the event of an equality of votes the Chairman shall have
a casting vote. A Return of the Representatives elected shall be
made by the Chairman, who shall be the Minister, or in his absence
such person as the Meeting may elect, to the Bishop of the Diocese
within fourteen days. The presence of at least five Members of the
Congregation besides the Chairman, shall be necessary to constitute
a meeting for the election of Representatives. The Wardens, if in
attendance, shall act as Scrutineers.
V. MEETING OF ASSEMBLY.
The Diocesan Assembly shall be convened annually by the Bishop
in the month of December, on which occasion Divine Service shall be
held, and a Pastoral Letter from the Bishop containing a report of
the general state of the Church in this Diocese the progress of
Religion and Education and of the means of Public Worship, will
be received. Extraordinary meetings may be convened by the
Bishop, when he sees fit, or upon a requisition by seven of the Clergy
who have been at least five years in Priest's Orders, or of ten Repre-
sentatives. .
VI. MODE OF DELIBERATION.
It shall be lawful for the Chapter of Clergy and Convention to
deliberate apart, or in conference (by mutual agreement) with each
other, or with the Bishop.
VII. MODE OF VOTING.
The assent or dissent of the Chapter of Clergy and Convention
shall be determined by the majority of open votes in each order
respectively. No resolution shall be passed, unless one-third of each
order shall be present.
VIII.
No Rule shall be binding on the Members of the Church in this
Diocese, which shall not have received the concurrent assent of the
Bishop, the Chapter of Clergy, and the Convention in the Diocesan
Assembly.
IX. COMMITTEES.
The Diocesan Assembly shall, at every Annual Meeting, appoint
a Standing Committee for the ensuing year, consisting of seven
Clerical, and fourteen Lay members, the Bishop of the Diocese to be
the President. Two Clerical and four Lay members shall form a
quorum. This Committee shall elect its Finance and other Sub-
Committees, and transact the business assigned to it by the Diocesan
Assembly during its recess, subject to such Rules and Regulations
as may be adopted by that Assembly,
DOCUMENT 263
X. FINANCE.
The establishment of five separate and distinct Funds is recom-
mended, vit \ a Pastoral Aid Fund, which we consider to be of
primary importance, and Endowment Fund, a Church Building Fund,
an Educational Fund, and a Mission Fund to the Aborigines and
Heathen. These funds shall be placed under the control and be
subject to the regulation of the Diocesan Assembly, and be adminis-
tered by its Finance Committee.
XI. PASTORAL AID FUND.
(a) The object of this Fund is to afford aid to Ministers whose
incomes may not reach the minimum sum of ^150 per annum from
Pew Rents and Endowments, Claims on this Fund will not be
admitted as a matter of right from any Minister whose Church or
District is capable of providing him with a suitable income ; it being
more particularly intended to aid Ministers having small churches
and in poor districts, as the state of the Fund may permit, due
consideration being had for such Ministers as have families. It is
also proposed that aid should be granted from this Fund towards the
support of Clergymen to itinerate in remote districts.
Amount of Subscription.
(b) It is recommended that a subscription of one shilling per
month towards this fund be collected from all who are willing to
contribute thereto. *
Sidesmen or Collectors.
(c) It is recommended that Sidesmen, or other persons be elected
annually by the respective congregations, to collect the subscriptions
to the Pastoral Aid Fund.
Annual Sermons.
(d) It is recommended that Annual Sermons be preached, and
collections made in all churches in support of the Pastoral Aid Fund.
Note. Aid should not be granted from this Fund (except in extra-
ordinary cases) to Ministers of Churches the Trust Deeds of which
shall appear to the Finance Committee inconsistent with rules to be
laid down in that behalf by the Diocesan Assembly.
XII, ENDOWMENT FUND.
It is suggested that this Fund be established by means of annual
subscriptions, and donations of money or land. This Fund is
intended to aid local efforts in providing endowments and erecting
Parsonage Houses ; the Fund to be administered by the Finance
Committee, on conditions to be prescribed by the Diocesan Assembly.
XIII. CHURCH BUILDINGS FUND.
This Fund is to be formed and administered in like manner as the
preceding.
XIV. MISSION FUND.-
This Fund is to be formed and a^xnjnisterecl in like manner as
the preceding,
264 THE AUSTRALIAN CHURCH
XV. EDUCATIONAL FUND.
The Establishment of a Fund is recommended in aid of Salaries
to School Masters and School Mistresses ; building School Houses,
and to promote education according to the principles of the Church
of England, under conditions to be determined by the Diocesan
Assembly.
XVI. MISCELLANEOUS RESOLUTIONS.
i. Ecclesiastical Tribunal.
(a) It is of opinion of this meeting that the Laity should have a
voice in any Court, when sentence might have the effect of depriving
a Minister of the temporalities annexed to his cure.
(b) Resolved that the Lord Bishop be requested to communicate
to His Grace the Archbishop of Canterbury, and Her Majesty's
Secretary of State for the Colonies, the foregoing resolution, in order
that the wish expressed in it may be considered, in case it should be
deemed expedient to make any provision for the better Ecclesiastical
Government of this and other Colonial Dioceses.
2. Registration.
It is recommended that Registers after an approved form be com-
piled by each Minister, and kept by him, of all Members of one
Church, residing within his Parish or District from which a Register
for the Diocesan Assembly shall be compiled and corrected periodic-
ally; the object being, to bring^the Members of the Church into
closer fellowship by means of Pastoral visitation, and to extend
Church accommodation and the means of Education as Population
increases.
.3. Corporate Powers.
It is recommended that (in addition to the powers possessed by the
Lord Bishop, as a Corporation Sole, in virtue of Her Majesty's
Letter Patent) Corporate powers should be sought for to hold lands
in perpetuity, for the benefit of each Church or Congregation.
4. Memorial to the Queen.
A Memorial setting forth the various requirements of the Church
in this Diocese as respects Ecclesiastical Discipline, shall be prepared
by this Assembly and forwarded by the Lord Bishop of the Diocese
through His Grace the Archbishop of Canterbury to be laid before
Her Most Gracious Majesty the Queen, praying that such require-
ments may be met in such way as Her Majesty and Her advisers in
matters Ecclesiastical, may deem expedient.
DOCUMENT P
A MEMORIAL TO THE QUEEN.
[S. P, G. Library 15088]
(Reprinted from the same Proceedings as Document O. .Page 24;)
To HER MOST GRACIOUS MAJESTY VICTORIA, by the Grace
of God Queen of the United Kingdom oj Great Britain and
Ireland, Defender of the Faith,
DOCUMENT Q 265
The Memorial'Of the undersigned Bishop, Clergy, and Laity of
that part of the Diocese of Adelaide, comprised within the
Province of South Australia, in Conference Assembled :
Humbly Sheweth
That the Church of England in this Diocese not being by Law
established, and the Clergy .not enjoying Corporate Rights as in
England, much expense and inconvenience arise in the conveyance
of Ecclesiastical Property to Trustees.
That changes in the office of Trustee are very frequent in a newly
settled Colony. :
That Churchwardens are elected annually by the Minister and
Congregation. .
That the Churchwardens so appointed, have no legal right to per-
form the duties usually appertaining to that ancient and popular
office ; the Church and Church Property being vested in Trustees,
who may remove to a distance from the Church, or even depart out
of the Colony. ......
That the body of English Ecclesiastical Law, has not yet been
adapted to the wants and necessities of the Church in the Colonies.
That the j urisdiction of the Bishop over the Clergy is left without
any prescribed' form of Process : that he is not armed with legal
authority to deprive of temporalities a Clergyman duly convicted
of teaching contrary to the doctrine of the Church of England, or
of immoral conduct.
That there is no prescribed form or mode of Appeal to the Metro-
politan, or of giving effect to the sentence of his Court.
That the periodical meeting of the Bishop, Clergy, and Laity in
Diocesan Assemblies, is as yet unauthorised by the Supreme Author-
ity of the Crown.
That your Memorialists are persuaded much good is likely to arise
:from such Assemblies, when conducted according to prescribed rules,
and with powers properly defined.
Your Memorialists therefore humbly pray that your Gracious
Majesty may:be pleased to sanction such Diocesan Meetings of the
Bishop, Clergy, and Laity : and to empower them to make and give
such effect to Rules and Regulations as may be deemed expedient
for the better government of the Church in this Colony, and as may
be consistent with the Doctrine and Discipline of the Church of
England and the lawful Supremacy of the Crown.
DOCUMENT Q
LETTER OF THE REV. R. JOHNSON TO THE UNDER-
SECRETARY OF STATE.
(Historical Records of New South Wales, Vol. II, pp. 64 f.)
SYDNEY, NEW SOUTH WALES,
September $rd, 1793.
" HON'D. SIR. As Chaplain to this distant Colony, I humbly beg
leave to state to you these following circumstances, viz. that from my
first arrival in this country,, which was at the, first Jqymatio,n of the
266 THE AUSTRALIAN CHURCH
Settlement, I trust I have at all times endeavoured to discharge the
various duties of my sacred function with fidelity and diligence.
" That in doing this, I have hitherto met with many and great
inconveniences.
" That publick works of different kinds have been, and still con-
tinue to be, so urgent that no place of any kind has yet been erected
for the purpose of performing Divine Service.
" That my own health has been greatly exposed and at times not a
little injured by these means.
" That for the same reasons (I mention it with sincere concern) there
has been too general and repeated neglect shewn to publick worship.
" That on these and such like considerations, I have at length
deemed it advisable, and even expedient, on my own accord, and
account, to run up a temporary shelter, which may serve the above
important purpose until a better can be provided.
" That I have, to save expense, gone upon as reasonable and rough
a plan as possible, that I have, since I began this work, devoted the
principal part of my time to it, and have exerted myself to the utmost
to get it completed.
" That I began this building on the loth of June last, and have
just at this time got it finished.
"That the Building which I have erected will seat about five
hundred people, and hold one hundred more when necessary.
" That I have given in an estimate of the whole expense to his
Honour, the Lieutenant-Governor, the real amount of which has been
upwards of sixty-seven pounds, sixty pounds of which I have paid in
Spanish dollars,and the remainder in provisions at or under prime cost.
" I humbly trust, sir, that what I have done will meet with your
approbation, that it will be a means of rendering my own situation
more comfortable than it hitherto has been, and also, of inducing
these unhappy people, whose reformation I do so ardently wish to
see, to attend more willingly and, consequently; more regularly, upon
the solemn and public worship of God.
" I beg leave, Sir, to apologize for intruding so much upon your
time, when matters of much mightier moment are daily coming
before you ; but conscious of the rectitude of my intentions, and
fully aware of the expediency of what I have done, in the above
affair, I have been induced to take this freedom.
" I have, etc.,
(Signed) RICHARD JOHNSON."
DOCUMENT R
AN ORDER IN COUNCIL OF FEBRUARY 4 ra, 1833,
DISSOLVING THE CORPORATION OF THE TRUSTEES
OF CHURCH AND SCHOOL LANDS.
Privy Council Register, William IV, No. 214 (p. 17).
day of February 1833.
At the Court of S James'
Present,
The King's Most Excellent Majesty in Council. Whereas His late
Majesty King George the. IV, djd by certain Letters Patent under the
DOCUMENT S . 267
Great Seal of the United Kingdom, bearing date the i6th day of July
in the year 1825 constitute and appoint Ralph Darling Esquire Lt
General of His said late Majesty's forces, His Captain-General and
Governor-in-Chief in and over the territories of New South Wales
and its Dependencies ; and whereas by certain additional in-
structions under His late Majesty's Signet and Sign Manual accom-
panying and referred to in the said Commission, His said late Majesty
did require and command the said Ralph Darling to affix the Public
Seal of the said Colony to certain Letters Patent for erecting therein
a certain Corporation by the name of the Trustees of the Clergy and
School Lands in the Colony of New South Wales in such manner and
form as in and by the said additional instructions, the said Ralph
Darling did on the gth day of March 1826 issue under the Public
Seal of the said Colony certain Letters Patent constituting and
erecting the said Corporation and it was thereby and amongst other
things provided, and His late Majesty did thereby declare it to be
His Will and did ordain that it should be lawful for His said late
Majesty, His Heirs and successors, by any order to be issued by him
or them for that purpose with the advice of His or their Privy
Council, to dissolve and put an end to the said Corporation in case
it should appear to His said late Majesty, His Heirs, and successors
with the advice aforesaid, expedient so to do ; and whereas it doth
appear to His Majesty with the advice of His Privy Council, expedient
to dissolve and put an end to the said Corporation. Now therefore,
His Majesty doth, with and by the advice aforesaid, hereby dissolve
and put an end to the said Corporation and the same is by this present
order dissolved accordingly, and the Right Honourable Viscount
Gooderick one of His Majesty's Principal Secretaries of State is to
give the necessary directions therein
Signed
C. GREVILLE.
Sydney Gazette and New South Wales Advertiser, Tuesday, August
2Qth, 1833.
DOCUMENT S
MINUTES OF PROCEEDINGS AT A CONFERENCE OF THE
METROPOLITAN AND BISHOPS OF THE UNITED CHURCH OF
ENGLAND AND IRELAND IN THE PROVINCE OF AUSTRALIA,
HELD IN SYDNEY FROM NOVEMBER 23 TO DECEMBER i, A.D. 1868.
We, the undersigned Metropolitan and Suffragan Bishops of the
United Church of England and Ireland, in the Province of Australia,
as it is at present defined in the Letters Patent of the Lord Bishop of
Sydney, having been permitted by the good Providence of God to
come together for the Consecration of St. Andrew's Cathedral in the
City of Sydney, have taken advantage of this opportunity, for con-
sulting upon various matters affecting the welfare of the Church in
such Province ; and we desire to commend the conclusions, at which
we have arrived, to the consideration of the Church in its several
Dioceses.
F. SYDNEY, Metropolitan. E. W. BRISBANE.
AUGUSTUS ADELAIDE. M. GOULBURN.
C. MELBOURNE. C, H, TASMANIA,
Wi NEWCASTLE,
268 THE AUSTRALIAN CHURCH
I. THE PRESENT RELATION OF THE CHURCH OF ENGLAND IN THE
PROVINCE OF AUSTRALIA TO THE CHURCH AT HOME, AND 'THE
BEST MODE OF MAINTAINING SUCH RELATION. ' '
We desire to express our opinion, that the present relation of the
Church of England in the said Province to the Church at home is one
of identity of doctrine and worship and of subjection to the Law of
the United Church of England and Ireland, so far as it is applicable
to a Church not established by law ; and that this relation may
practically be best maintained by a system of Diocesan and Pro-
vincial Synods, and by a common final Court of Appeal, and by a
Council of Reference.
II. THE MODE IN WHICH COLONIAL BISHOPS SHOULD BE
APPOINTED
In our opinion it is desirable that (saving the rights of the Crown)
Colonial Bishops in the said Province should be appointed in the
following manner : That the election of a Bishop, having been made
by the Church of the Diocese (whatever mode of election the Diocesan
Synod may have adopted) should be confirmed by the Bishops of the
Province ; and that the person, so elected and confirmed, should be
consecrated by the Archbishop of Canterbury, or by the Metro-
politan.
We are also of opinion, that so long as it is practicable, Letters
Patent, assigning to the Bishop a territorial sphere of action, should
continue to be issued.
We are further of opinion that, in the election of a Bishop the
Diocesan Synod might, if it thought proper, delegate the power of
choosing a clergyman to fill the vacant See, to any Bishop or Bishops,
or to such a body as the Standing Committee of the Synod, or a
permanent Committee specially appointed for that purpose, or the
Cathedral Chapter ; or it might nominate two or more clergymen,
of whom the Bishops of the Province should select one.
Ill, THE CONSTITUTION OF A GENERAL SYNOD, AND ITS
FUNCTIONS
In our opinion it is desirable that there should be constituted a
General Synod for the entire Province of Australia ; and that such
Synod should consist of the Bishops and Representatives of the Clergy
and Laity of the Church, in the several Colonies comprised within
that Province.
To carry this object into effect, it is our opinion that the Metro-
politan of the said Province should invite the Church in each Colony
to, send a representative or representatives, who should, with the
several Bishops, be empowered to frame a Constitution for such
Synod, and to define its functions. The representatives, thus sent,
might bring with them any instructions, which the Church in the
several Colonies thought fit to give them, and, subject to those
instructions, they should be authorised finally to determine all
particulars, connected with the purpose for which they were
assembled.
It is also our opinion that these representatives should be
empowered, so soon as they have concluded their labours in Con-
ference by fra'ming a Constitution for the proposed Synod and
DOCUMENT S 269
defining its functions, to form themselves into such Synod, and
proceed to business.
The object of such General Synod should, in our opinion; be 'to
maintain the relation of the Church in the Province of Australia to
the United Church of England and Ireland, both at home and in the
various Colonies ; as well as to secure unity of doctrine and discipline
between the several branches of the Church in that Province.
To this end although it appears to some of us that more directly
controlling powers in the General Synod are, judging from ancient
usage, essential to the complete organisation of the Church, we are
unanimously of opinion, that such Synod should be authorised
amongst other functions :
1. To constitute a Metropolitan Court of Appeal.
2. To frame general rules for the formation of new Dioceses and
Provinces.
3. To make rules for the confirmation and due consecration of
newly elected Bishops.
4. To communicate with the authorities of the Church at home, and
in the various colonies, on all matters relating to the general well-
being of the Church.
5. To consult upon any matters which may be brought before the
Synod affecting the well-being of the Church in the Province ; and
to frame regulations thereon, such regulations to take effect in the
several Dioceses, from and after the Session of each Diocesan Synod,
to which they have been communicated, provided that they
be not, and so far only as they are not, disallowed by either
the Clergy or the Lay Representatives of the Diocesan Synod in
such Session.
6. To take measures for promoting inter-communion between the
Church in the Province and other Reformed Episcopal Churches.
IV. THE CONSTITUTION AND FUNCTIONS OF A TRIBUNAL OF
THE GENERAL SYNOD, AND OF A COUNCIL OF REFERENCE
We are of opinion that, besides any right of appeal which may at
present exist, and with which we do not desire to interfere-there
should be, in all cases in which any question of faith or worship is
involved, a right of appeal from the decision of any Bishop or of any
Diocesan Tribunal, within the Province of Australia, to a higher
Tribunal, which should be constituted by the proposed General
Synod.
That such Tribunal of Appeal should consist of the Metropolitan
(or some Bishop appointed by him) and of two other Bishops of the
Province, and two laymen learned in the law ; that the Metropolitan
or (in his absence) the senior Bishop should preside ; that of the two
other Bishops one should be chosen by the Bishops and the other by
the Clergy, assembled in General Synod ; and that the two laymen
should be elected by the lay representatives in such Synod, one at
least being a Chancellor of some Diocese of the Province; that
whereas vacancies might arise among the elected members, or some
of them might be unable to attend, there should in every case be a
second Bishop and a second layman named to meet such contingency ;
and that the Bishop of the Diocese, to which the appellant belongs,
should not sit upon the Tribunal when the cause is tried.
THE AUSTRALIAN CHURCH
That, as respects the parties in any cause brought before the Tri-.
bunal of the General Synod, they should continue to enjoy any right
of appeal which they at present possess, and desire to retain. But
since it is possible that the Tribunals of the various branches of the
Colonial Church may arrive at different decisions upon questions of
doctrine and discipline, it appears to us, in the uncertainty whether
it would be practicable to carry an appeal from the Colonial Church
to the Judicial Committee of the Privy Council, to be desirable that
for preserving the unity of the whole Church, there should be in
England a Council of Reference, to which such questions might
from time to time be referred by the General Synod ; that such
Council should consist of a small definite number of Bishops of the
Church at home, and laymen learned in the law, viz. the Archbishop
of Canterbury or some other Archbishop or Bishop appointed by
him, the Bishop of London, and one layman holding some specified
office in connection with the Church, together with two other Bishops
and two other laymen, to be elected by the several branches of the
Colonial Church in such manner as may be agreed upon among them ;
and that any decision pronounced by such Council should be binding
upon the General and Diocesan Tribunals, unless a judgment at
variance therewith should be pronounced by some ecclesiastical
court in England.
V. TRIBUNAL FOR THE TRIAL OF A BISHOP
With respect to charges against a Bishop, we are of opinion that
the General Synod should constitute a Tribunal for the trial of such
charges, and should make regulations for the procedure thereof.
VI. OATH OF CANONICAL OBEDIENCE
We are of opinion that, since the Bishop of Sydney is the Metro-
politan of the Province of Australia as defined in his Letters Patent,
every Bishop of a Diocese within that Province should, under exist-
ing circumstances take at bis consecration the oath of Canonical
obedience to the Lord Bishop of Sydney as his Metropolitan.
VII. RESIGNATION OF CURES ,
We are of opinion that, for the purpose of protecting the Church
from injury, the Bishop of one Diocese of the Province of Australia
should not entertain an application for employment from a clergyman
of another Diocese, until his Bishop shall have accepted his resigna-
tion, or consented in writing to his removal.
We are also of opinion that in all cases, when a clergyman desires
to resign his cure, he should give not less than three months' notice
to his Bishop.
We desire to acknowledge the goodness of our Heavenly Father,
who, in answer to our prayers and, as we trust, under the gracious
influence of His Holy Spirit, has guided us to such entire agreement,
in the conclusions at which we have arrived, upon the various subjects
under discussion, and we earnestly pray that, as the result of the
measures which we recommend, the peace of God may rest abund-
antly upon the Church, by the promotion of its union and edification,
DOCUMENT T 271
and by the increased knowledge of our Lord and Saviour Jesus
Christ.
F. SYDNEY, Metropolitan. E. W. BRISBANE.
AUGUSTUS ADELAIDE, M. GOULBURN.
C. MELBOURNE. C. H. TASMANIA.
W. NEWCASTLE.
CONCLUDING RESOLUTION
That the Lord Bishop of Goulburn, having undertaken, at the re-
quest of the Conference, the office of Secretary, be now requested to
embody in a Report the resolutions which have been adopted by the
Conference, and that a copy of such Report be forwarded by the
' Metropolitan to His Grace the Archbishop of Canterbury, and to the
other Archbishops and Bishops of the United Church of England and
Ireland at home and in the Colonies.
DOCUMENT T
THE ORIGINAL CONSTITUTION OF GENERAL SYNOD;
CONSTITUTION OF THE GENERAL SYNOD OF THE CHURCH RECENTLY-
STYLED THE UNITED CHURCH OF ENGLAND AND IRELAND, AND NOW
STYLED THE CHURCH OF ENGLAND IN AUSTRALIA AND TASMANIA. 1
[Adopted by General Conference, October 23, 1872.]
PREAMBLE.
Whereas it is expedient that the several Dioceses of Sydney,
Tasmania, Adelaide, Melbourne, Newcastle, Perth, Brisbane,
Goulburn, Grafton and Armidale, and Bathurst, and such other
Dioceses as shall hereafter be formed within the limits of Australia
and Tasmania shall be united for certain ecclesiastical purposes as
1 The following Resolution in reference to this Constitution was passed
by the General Synod on October 29th, 1872.
That a copy of the Constitution of the General Synod, as agreed to by
the General Conference and adopted by the Synod, be entered in a Book
to be provided for that purpose, and that the Bishops, Clergy, and Lay
Representatives present at the Conference and at the adoption of the
Constitution by the Synod, be invited to affix their signatures to the said
copy of the Constitution. And that there be also entered in the same
Book copies of all Determinations made by this Synod, such copies to be
signed by the President in testimony of their accuracy.
In consequence of this Resolution a copy of the Constitution was
engrossed on Parchment ; and to this Engrossment all the Bishops, and
all the Clerical, and all the Lay Representatives (with one exception) of
the Dioceses, taking part in the Conference and Synod affixed their signa-
tures. The Diocese of Perth, on account of distance 1 , was represented at
the Conference and Synod only by the Bishop. The other Dioceses were
represented as follows Sydney, by five clergymen and five laymen ;
Tasmania, by three clergymen and two laymen ; Adelaide, by two clergy-
men and two laymen ; Melbourne, by three clergymen and four laymen ;
Newcastle, by four clergymen and two laymen ; Brisbane, by two clergy-
men and three laymen ; Goulburn, by three clergymen and three laymen ;
Grafton and Armidale, by two clergymen and one layman ; and Bathurst,
by two clergymen and two laymen.
THE AUSTRALIAN CHURCH
hereinafter mentioned. And whereas it is expedient to make
provision for a General Synod of all such Dioceses of the Church
recently styled the United Church of England and Ireland and now
styled the Church of England in Australia and Tasmania.
Now We the Bishops and Clerical and Lay Representatives of the
said Church in the Dioceses above named present at a General
Conference presided over by the Right Reverend Frederic Lord
Bishop of Sydney and Metropolitan and held in the City of Sydney
in the month of October A.D. 1872 do agree to and accept the following
Articles and Provisions as the Constitution of the General Synod of
the said Church.
GENERAL SYNOD TO BE CONSTITUTED PRIMATE.
1. The General Synod shall be constituted of the Bishops of the
Dioceses hereinbefore mentioned and of Clerical and Lay Representa-
tives of the Church in the said Dioceses. And such General Synod
shall be called " The General Synod of the Dioceses in Australia and
Tasmania." And one of the said Bishops shall for all the purposes
of this Constitution be known and designated as Primate. And the
present Bishop of Sydney shall while continuing to be such Bishop
be Primate as aforesaid.
-FIRST GENERAL SYNOD FUTURE GENERAL SYNODS.
2. The Bishops and Clerical and Lay Representatives now
assembled shall constitute the First General Synod. And all future
General Synods shall be convened and holden in the manner herein-
after provided save in so far as the same may from time to time be
altered by any General Synod acting under the provisions hereinafter
contained.
GENERAL SYNOD TO CONSIST OF Two HOUSES.
3. The General Synod shall consist of two houses namely the
House of Bishops and the House of Representatives. And both
Houses shall sit together for deliberation and transaction of
business but shall on all occasions vote separately. Provided that if
at any time the Bishops shall desire to consult together on any
subject under consideration the further discussion of that subject
shall be postponed in order to afford the House of Bishops an
opportunity for such consultation.
REPRESENTATIVES OF DIOCESES IN GENERAL SYNOD.
4. Every Diocese having under twenty-one Clergymen duly
licensed to officiate within it shall be entitled to send two Clerical
and two Lay Representatives to any future General Synod. An,d
every Diocese having above twenty and under thirty-one such
Clergymen shall be entitled to send three Representatives of each
order as aforesaid. And every Diocese having above thirty and
under forty-one such Clergymen shall be entitled to send four
Representatives of each order as aforesaid. Arid every Diocese
having above forty and under fifty-one such Clergymen shall be
entitled to send five Representatives of each order as aforesaid, And
every Diocese having above fifty such Clergymen shall be entitled to
send six Representatives of each order as aforesaid. And the mode of
DOCUMENT T . 273
electing or otherwise appointing such Representatives and of supply-
ing any vacancies in the number of Representatives when electe'd or
otherwise appointed shall be determined by the Church in each
Diocese. Provided always that every Clerical Representative shall-
be in Priest's Orders and duly licensed, to officiate in the Diocese of
which he is a Representative and that every Lay Representative
shall be of the age of twenty-one years and a Communicant of the
Church. .
TIME AND MANNER OF HOLDING SYNOD
5. 'A period of not more than five years shall elapse between the
ordinary meetings of the General Synod but the Primate may at
his own discretion and shalLat the request in writing of a majority
of the other Bishops of the 'said Dioceses summon a Special Meeting
of the General Synod. And for the purposes of holding a meeting of
the general Synod the Primate shall by writing under bis hand and
seal summon the Bishop of each of the said Dioceses and also require
such Bishops to convene Representatives of the Church in his.*
Diocese at such time and place as the Primate may deem fit.
PRESIDENT OF SYNOD.
6. The Primate or in his absence the senior Bishop present shall
be President of the House of Bishops and of the General Synod.
And the President may with the concurrence of the General Synod
prorogue and dissolve the same. And the President may take part
in any discussion and vote on any question or matter arising therein.
RULES FOR BUSINESS, ETC.
7. The General Synod shall have power to make rules for the
conduct of all business coming before it and for trying the validity
of the election or appointment of any person claiming to be a Repre-
sentative member thereof.
POWERS OF GENERAL SYNOD.
8. The General Synod shall have power to make Determinations
upon, and in respect of the following matters and things concerning
the order and good government of the Church that is to say I. The
Constitution of an appellate Tribunal and a Tribunal for the Trial of
Bishops. 2. The framing of general rules for the formation of new
Dioceses and Provinces. 3. The making of rules for the confirmation
and due consecration of future Bishops and the Election or appoint-
ment of future Primates. 4, The communicating with the author-
ities of the Church in England and in the various Colonies on matters
relating to the general well-being of the Church. 5. The taking of
measures for promoting intercommunion with other reformed
Episcopal Churches so far as is consistent with the principles of the
Church of England. 6. The regulating of the relations of the Church
to other branches of the Church of Christ. 7. The promoting of the
cause of Home and Foreign Missions in the Church. 8. The con-
sulting upon any matters which may be brought before the Synod
affecting the well-being of the Church, and framing regulations
thereon. Provided always that no Determination of the v General
Synod shall be binding, upon the Church in any Diocese unless, and
274 THE AUSTRALIAN CHURCH
until such Determination shall be accepted by the Church in such
Diocese. And the mode of accepting in any Diocese the Determina-
tions of the General Synod shall be laid down by the Church in such
Diocese.
SYNOD MAY DELEGATE POWERS.
9. The General Synod may appoint Committees either under
Special Instructions or under such General Regulations as shall
from time to time be laid down by the General Synod for the purpose
of carrying into effect any Determinations which have been passed
by the General Synod.
MODE OF VOTING AND QUORUM.
10. Every Determination of the General Synod shall be made by
a majority of both Houses thereof and in every division of the
House of Representatives the voting shall be by Orders unless two
Dioceses by a majority of their Representatives require that the
voting shall be by Diocese, And in voting by Dioceses no vote
shall be taken as the vote of a Diocese unless assented to by a
majority both of the Clerical and Lay Members representing such
Diocese. And the presence of at least three Bishops and of one-
third of the Clerical and one-third of the Lay Representatives of at
least three Dioceses shall be necessary to constitute a meeting of the
General Synod. Provided that the power to require the voting by
Dioceses shall cease from and after the time when this Constitution
shall have been ratified 1 at the next Session of such General Synod
by a majority of the Dioceses there represented.
POWER TO ALTER MANNER OF HOLDING MEETINGS OF SYNOD, ETC.
11. The General Synod may make Rules altering the manner
hereinbefore provided for holding meetings of the .General Synod
and altering the number of Clerical and Lay Representatives to be
respectively summoned to any future General Synod as Members of
the House of Representatives. Provided that the number of Lay
Representatives of the Church in any Diocese so summoned shall
never be less than the number of Clerical Representatives thereof.
And the General Synod may make rules necessary for carrying all
such alterations as aforesaid into effect.
DEFECTS NOT TO VITIATE PROCEEDINGS.
12. No Determination of the General Synod shall be vitiated by
reason of any informality in or want of the representation of any
Diocese.
ABSENCE, ETC., OF BISHOP.
13. In case of the death, absence or incapacity of any Primate the
functions of such Primate shall be exercised by the Senior Bishop of
the Dioceses hereinbefore mentioned or referred to and in case of the
absence of any Bishop, his functions under this Constitution shall,
subject to any provisions made in that behalf by the Church in the
Diocese be exercised by a Commissary appointed by him and in case
i
1 Resolution ratifying Constitution passed at Second Session of General
Synod, October 3rd, 1876. . .
DOCUMENT U 275
no such Commissary shall have been appointed or the See be vacant
or the Bishop incapable, such functions shall be exercised by the
person who shall then be the next in ecclesiastical rank or degree in
the Diocese and resident therein. Provided that it shall not be
competent for anyone to sit in the House of Bishops in the stead of
a Bishop.
ALTERATION OF CONSTITUTION How TO BE MADE.
14. This Constitution may be altered by the General Synod which
Shall have power to make Determinations altering it. Provided
that every such Determination shall have been first approved of at
one Session of the General Synod forthwith communicated to the
several Diocesan Synods and assented to by at least two-thirds of
such Dioceses as shall have adopted this Constitution and finally
passed at the succeeding Session of the General Synod.
DOCUMENT U
GENERAL SYNOD DETERMINATION No. i SESSION 1876*
[Made Friday, October, 13th, 1876.] _.
RULES FOR THE FORMATION OF NEW DIOCESES IN
AUSTRALIA AND TASMANIA.
I... ASSIGNMENT OF TERRITORY.
The Territory of a New Diocese shall not extend beyond the limits
of one Civil Province.
II. NEW DIOCESES.
A new Diocese may be formed
(a) By dividing an existing Diocese,
(&) By assigning to the proposed new Diocese a portion of territory
belonging to two or more Dioceses.
(c) By assigning to the proposed New Diocese, territory .not
included in any Diocese.
(d) By assigning to the proposed New Diocese, portions of territory
belonging to one or more Dioceses, together with territory not
included in any Diocese.
III. METHOD OF PROCEEDING TO FORM A NEW DIOCESE.
Any Member of the Church, desirous of promoting the erection
of a New Diocese, and resident in the Diocese, or one of the Dioceses,
or un-assigned territory concerned in the division, shall, in the first
instance, submit a proposal to the Bishop of the Diocese in which he
resides; or, if resident in any territory not yet assigned to any
Diocese, to the Bishop or Bishops of the Diocese or Dioceses con-
cerned in the division, or in the case described in clause ii., sub-
section c., to the Primate.
IV. CONSENTS REQUIRED.
The proposal to form such New Diocese shall have the approval
of the Bishop and, the concurrence of the Assembly, or Synod, of
276 THE AUSTRALIAN CHURCH
every Diocese to be affected thereby, and also be assented to by a
majority of the Clerical and Lay Representatives, of the portion, or
portions of the Diocese, or Dioceses, intended to be formed into a
New Diocese.
And in the case of assigning to a proposed New Diocese territory,
not included in any existing Diocese, the consent thereto of the
Metropolitan, or if there be no Metropolitan, of the Primate, shall
be obtained.
V. SUFFICIENCY OF ENDOWMENT.
i No New Diocese shall be created until the Metropolitan or where
there is no Metropolitan, the Primate shall be satisfied that a
sufficient endowment has been secured for the maintenance of
the See.
VI. ARRANGEMENTS OF PROPERTY.
All arrangements with regard to property belonging to any
Diocese which it is proposed to divide, shall, subject to due observance
of such specific trusts, be made previous to division, and such arrange-
ments shall be final.
VII. TRANSFER OF TERRITORY.
The Bishop or Bishops of any Diocese or Dioceses, out of which
it is proposed to create a new See, shall with the consent of the
Metropolitan, or where there is no Metropolitan; with the consent
of the Primate, transfer to the newly appointed Bishop such part or
parts of their Dioceses as shall have been assigned to the New See.
DOCUMENT V
GENERAL SYNOD DETERMINATION No. I SESSION 1881.
[Made Wednesday, igth October, 1881.]
GENERAL RULES FOR THE FORMATION OF-PROV1NCES
AND THE REGULATION OF MATTERS CONNECTED
THEREWITH.
BISHOP OF SYDNEY TO BE PRIMATE.
1. Without prejudice, and subject to the position and rights of
the present Bishop of Sydney as Metropolitan and Primate, the
Bishop of Sydney for the time being shall, in conformity with the
past history of the Church in Australia, and for the purposes of these
Rules, be held to be Primate of the Dioceses constituting the General
Synod, with all the powers and authorities conferred on the Primate
by the Constitution of the General Synod, and by the Determinations
thereof, and shall also be ex-officio President of the General Synod.
AUTHORITY OF PRIMATE AND METROPOLITANS.
2, The Primate shall have such authority over the Metropolitans
of Provinces formed under these rules, and over the 'Bishops of
Dioceses not included in any such Provinces as the General Synod
may., within the powers conferred on it by the Constitution, from
DOCUMENT U 277
time to time determine. And the Metropolitans of Provinces formed
under these rules shall have such authority over the Bishops of such
Provinces as the General Synod may, within the powers so conferred
on it as aforesaid, from time to time determine.
BISHOP OF SYDNEY, HOW ELECTED.
3. When the See of Sydney shall next become vacant, the Dioceses
within the Colony of New South Wales shall be treated as having
been formed into a Province under these rules, by the style of the
Province of New South Wales, the Bishop of Sydney being Metro-
politan thereof. And on the See of Sydney becoming vacant the
Synod of the Diocese shall nominate, in such manner as may to it
seem expedient, three duly qualified persons to the Bishops of the
said Province ; and the said Bishops, or a majority of them, shall
nominate two such persons to the Bishops of Australia and Tasmania.
And whichever of two such persons the said Bishops, or a majority of
them, shall elect, shall, be Primate, and shall also be Metropolitan of
the said Province, and Bishop of Sydney. Provided always that it
shall be competent for the Synod of the Diocese of Sydney, in place
of the above nomination of three qualified persons, to appoint a
Committee to act with the Bishops of the Province, and with the
Bishops of the Dioceses in Australia and Tasmania, or with Com-
mittees of such Bishops appointed by them respectively ; and such
Diocesan Committee and Bishops, or their Committees, shall have
power by concurrent majorities to elect a duly qualified person who
shall be Primate, and shall also be Metropolitan of the said Province,
and Bishop of Sydney. :
PROVINCES, HOW TO BE FORMED.
4. When the Bishops, Clergy and Laity of three or more Dioceses
shall desire to be formed into a Province, such desire being evidenced
by Resolutions duly passed by the Synods of the several Dioceses,
they shall submit to the Primate proposals for the formation of the
Province, which proposals shall include a provision, if the Province
is conterminate with a Colony, for making the Capital .City of the
Colony, the See of the Metropolitan Bishop, and if the Province is
not conterminate with a Colony then for leaving the determination
of the See of the Metropolitan Bishop to the Bishops of the proposed
Province, or the majority of them. And the Primate shall forthwith
bring such proposals before the Bishops of Australia and Tasmania,
and if the proposals are assented to by a majority of such Bishops,
the formation of the Province shall take place ; but if the proposals
are nor assented to by a majority of such Bishops, the matter shall
be referred to the General Synod at its next Meeting, whether
ordinary or specially called for the purpose of dealing with the
reference.
5. The formation of a Province shall be certified by means of a
Declaration in writing under the hand and seal of the Primate, and
under the hands and seals of the Bishops of the Province to be
formed. And there shall be annexed to such Declaration a Schedule
containing the proposals for the formation of the Province as
assented to, and the Province shall be taken to be formed from the
date of the Declaration, which Declaration shall be executed in
278 THE AUSTRALIAN CHURCH
duplicate, one part to be kept in the Registry of the Diocese of
Sydney, and the other part to be kept in the Registry of the Metro-
politan Diocese of the Province,
METROPOLITANS, .HOW TO BE ELECTED.
6. Whenever the See of the Metropolitan of a Province, except
in the case of Sydney, shall become vacant, the Synod of the Diocese
shall nominate, in such manner as may to it seem expedient, two
duly qualified persons to the Bishops of the Province. And which-
ever of such two persons the said Bishops, or a majority of them,
shall elect, shall be the Metropolitan, and Bishop of the Metropolitan
See. Provided always that it shall be competent for the said Synod,
in place of the above nomination of two qualified persons, to appoint
a Committee to act with the Bishops of the Province or with a
Committee appointed by such Bishops, and such Diocesan Com-
mittee and the said Bishops, or their Committee, shall have power
by concurrent majorities to elect a duly qualified person who shall
be Metropolitan of the said Province.
CHANGES IN PROVINCES.
7. No change shall be made in a Province formed under these
rules as to its extent or otherwise, except with the sanction and
under the direction of the General Synod.
RULE III OF DETERMINATION i (1872) REPEALED.
8. Rule III of Determination I of General Synod, Session 1872, is
hereby repealed.
. PROVINCIAL SYNODS, HOW FORMED.
9. So soon as conveniently may be after the formation of a
Province, the Bishops and Clerical and Lay Representatives of the
Church in the several Dioceses of the Province shall meet under the
Presidency of the Metropolitan thereof, and shall agree upon the
Constitution of the Provincial Synod of the said Province. But it
shall not be necessary to the action of the Province, or of the Metro-
politan or Bishop thereof, that any such Constitution should have
been first agreed upon.
10. That such Constitution shall, as nearly as the circumstances
of the case will permit, be framed on the plan of the Constitution
of the General Synod. Provided always, that the powers of the
Provincial Synod shall be limited to matters and things concerning
the order and good Government of the Church in the Province ; and
that no ordinance or other Determination of the Provincial Synod
shall contravene any Determination of the General Synod. And
provided also, that due provision shall be made to enable the Pro-
vincial Synod to accept the Determinations of the General Synod.
INTERPRETATION CLAUSE.
11. Wherever the words " Synod of the Diocese " are used in this
Determination they shall be read as including the equivalent Body
in Dioceses in which no Diocesan Synod exists, -
DOCUMENT W 279
DOCUMENT W
THE CONSTITUTION OF THE CHURCH OF ENGLAND IN
AUSTRALIA.
Draft Bill as Passed by Convention (in October, 1926) for Considera-
tion by the Diocesan Synods.
[This is referred to in the text as the Amended Draft Bill-]
A BILL.
To give legal force and effect to a constitution for the Church of
England in Australia and to make provision with respect to property
in connection therewith ; to repeal [the Church of England Constitu-
tions Act Amendment Act of 1902] and certain other acts ; to amend
[ ] and certain other Acts ; and
for purposes connected therewith.
Whereas a general convention of the Church of England in
Australia has assented to a constitution for that Church in accord-
ance with the provisions set out in Schedule One of this Act, and
whereas legal force and effect cannot be given to the constitution so
far as regards the management of property without the consent of
the Legislature :
Be it therefore enacted.... ........................................... as follows :
i. This Act may be cited as the " Church of England in Short
Australia Act 192 ." ,!,
' Constitu-
2. The constitution set forth in Schedule One of this Act
shall be the constitution of the Church of England in Schedule
Australia, and shall come into operation as provided in One.
section fifty-nine thereof. Repeals
ana
3. (i) The Acts mentioned in Schedule Two of this Act amend-
are to the extent therein expressed hereby repealed. Schedule.
(2) The Acts mentioned in Schedule Three of this Act -""*' ,
11 11 11 -11 Schedule
are hereby amended as therein provided. Three.
(3) No repeal or amendment of any Act mentioned in Schedule
Two or Schedule Three of this Act shall take effect until the constitu-
tion set forth in Section One of this Act comes into operation.
SCHEDULE ONE.
The Constitution of the Church of England in Australia.
Chapter I. THE DECLARATIONS.
i. The Church of England in Australia humbly relying on the
blessing of Almighty God has in general convention at
Sydney in the year of our Lord one thousand nine hundred Declare-
and twenty-six assented to the solemn declarations set Hong.
forth in this chapter as binding heretofore and henceforth
on this church.
280 THE AUSTRALIAN CHURCH
2. The Church of England in Australia being a part of the One
Holy Catholic and Apostolic Church and in communion
The Cath- with the Church of England in England will ever remain and
Apostolic be in communion with the Church of England in England
Church, and with national regional or provincial churches maintain-
ing communion with that church, so long as communion
is consistent with the solemn declarations set forth in this chapter.
3. This church; doth receive all the canonical scriptures of the Old
and New Testaments as being the ultimate rule and standard
The Bible, of faith given by inspiration of God and containing all things
necessary for salvation.
4. This church doth hold and will continue to hold the faith of
^ Christ as professed by the One Holy Catholic and Apostolic
Church from primitive times and in particular as set forth
in the creeds known as the Nicene Creed and the Apostles' Creed.
5. This church will ever obey the commands of Christ, teach His
Doctrine, doctrine, administer His sacraments of holy baptism and
sacraments holy communion, follow and uphold His discipline and
iastica] 68 " preserve the three orders of bishops priests and deacons
orders. in the sacred ministry.
6. This church doth retain and approve the book of common
prayer and the doctrine and principles contained therein
The Book and will not in any revision of the book of common prayer
Prayer!! 11011 r otherwise make or permit any alteration which would
change the character of this church as shown by its assent
to this as well as to the other solemn declarations set forth in this
chapter.
Chapter II. THE GOVERNMENT OF THE CHURCH.
7. Subject to this constitution this church has plenary authority
Authority an ^ P ower to make canons ordinances and rules for the order
of the and good government of this church and to administer the
Church - affairs thereof.
The authority and power of this church may be exercised by the
several synods and tribunals in accordance with the provisions of the
constitution, but nothing in the constitution or in any canon ordin-
ance or rule shall limit or affect the powers and functions inherent
in the episcopate or interfere with the exercise by a bishop priest or
deacon of any power or function inherent in him by virtue of his con-
secration or ordination.
8. A diocese shall in accordance with the historic custom of the
One Holy Catholic and Apostolic Church continue to be the
unit of organization of this church and shall be the see of a
bishop with his flock therein.
9. The diocesan bishop of each diocese shall be elected as may be
prescribed by or under the constitution of the diocese, pro-
vided that the election shall as to the canonical fitness of
the person elected be subject to confirmation as may be
prescribed by canon of the general synod.
The diocesan bishop of each diocese shall have such authorities
powers rights and duties as may be conferred or imposed on him by
this constitution or by or under the constitution of the diocese.
DOCUMENT W 281
During any vacancy of the office or during the absence from
Australia or incapacity of the diocesan bishop of any diocese, the
authorities powers rights and duties of the bishop shall be exercised
by such person as may be authorised by or under the constitution of
the diocese. '
10. The metropolitan (to be called archbishop) of each province
shall hold office as may be prescribed by the constitution of Metro-
the province or by ordinance of the provincial synod. politans.
The metropolitan of each province shall have such authorities
powers rights and duties as may be conferred or imposed on him by
this constitution or by the constitution of the province or by ordin-
ance of the provincial synod.
During any vacancy of the office or during the absence from the
province or the incapacity of the metropolitan of any province, the
authorities powers rights and duties of the metropolitan shall be
exercised by the senior bishop of the province being at the time in the
province and able and willing to act, the seniority in every case being
determined by the date of consecration.
1 1 . The primate of Australia shall be elected and hold office
as may be prescribed by canon of the general synod. mae '
The primate shall have such authorities powers rights and duties as
may be conferred or imposed on him by the constitution or by canon
of the general synod.
During any vacancy of the office or during the absence from
Australia or incapacity of the primate, the authorities powers rights
and duties of the primate shall be exercised by the senior metro-
politan being at the time in Australia and able and willing to act, or
if there is no such metropolitan able and willing to act, then by the
senior diocesan bishop being at the time in Australia and able and
willing to act, the seniority in every case being determined by the
date of consecration. ...
Chapter III. THE GENERAL SYNOD.
The House of Bishops and the House of Representatives.
12. The general synod shall consist of a house of bishop's Th e S ynod.
and a house of representatives.
Both houses shall sit together in full synod and deliberate and
transact business therein, but if at any time either house by a major-
ity of its members voting expresses its wish to consider separately
any matter in debate, the further discussion of the matter shall be
postponed until there has been an opportunity of separate considera-
tion.
13. The house of bishops shall be composed of the pri-
mate the metropolitans the diocesan bishops and the
coadjutor bishops.
A coadjutor bishop shall not be entitled to vote except in the
absence of the bishop to whom he is coadjutor.
14. (i) The house of representatives shall be composed of House of
clerical and lay representatives of each diocese. faHv^s! 11 "
The Clerical and lay representatives of a diocese shall be elected or
appointed, and any vacancy in the place of a representative may be
283 THE AUSTRALIAN CHURCH
filled, in such manner as may be prescribed by or under the constitu-
tion of the diocese.
The election or appointment shall be held or made once at least
in every three years, and the number of representatives shall be as set
out in the first table annexed to the constitution.
Every bishop or priest who holds a license from a diocesan bishop
shall be qualified to be a clerical representative of a diocese, whether
he does or does not reside therein.
Every layman who is not-under the age of twenty-one years and is
a communicant of this church shall be qualified to be a lay repre-
sentative of a diocese, whether he does or does not reside therein.
(2) The bishop of each diocese shall certify and transmit to the
primate a list of the names and addresses of the clerical and lay
representatives of the diocese.
In the event of any change in the representation of a diocese the
bishop shall certify and transmit to the primate a supplementary list
showing the change. .
Any list or supplementary list so certified shall be evidence that a
representative therein named is entitled to be such representative,
except so far as any supplementary list shows that he has ceased
to be a representative.
15. The general synod may determine in such manner as it may
deem proper whether any person who claims to be ajnember
Claim to of the synod or of either house thereof is entitled to be such
{foij ei " member, and may determine whether he has been duly and
lawfully elected appointed or summoned to the synod.
FaUureto 16. (i) The general synod may proceed to the despatch
represent- f business notwithstanding the failure of any diocese to
atives. provide for its representation in the synod.
(2) No canon rule act or exercise of power of the general synod
shall be vitiated by reason only of the fact that any person to be
elected appointed or summoned to the synod has not been elected
appointed or summoned, or by reason only of any informality with
respect to the election appointing or summoning.
17.. The primate or in his absence the senior archbishop present,
or if there is no archbishop present, the senior diocesan
resi ent. j^^p p resen t shall be president of the house of bishops
and of the general synod, the seniority being determined by the
date of consecration. -
The president may take part in any discussion and vote on any
question or matter.
The president may with the concurrence of the general synod pro-
rogue and dissolve the synod.
18. Until the general synod otherwise prescribes, the presence of
at least five diocesan bishops and at least fifteen clerical
Quorum, re p resen tatives representing not less than seven dioceses
and of at least fifteen lay representatives representing not less than
seven dioceses shall be necessary to constitute a meeting of the general
synod for the exercise of its powers.
v 19. No question shall be deemed to be carried by the
mgl synod unless it is carried by both houses.
No question shall be deemed to be carried by the house of bishops
unless there is in its favour a majority of the bishops present.
No question shall be deemed to be carried by the house of repre-
DOCUMENT W 283
sentatives unless there is in its favour a majority of the clerical and
lay representatives voting thereon, or if the clerical and lay repre-
sentatives vote by orders, there is in its favour a majority of the
clerical representatives voting thereon and also a majority of the lay
representatives voting thereon. If twenty members then present
require the vote to be taken by orders, the vote shall be taken
accordingly.
All questions shall be put first to the house of representatives- and
then to the house of Bishops.
Powers.
20. (i) The general synod may make canons for the order K?. con ",
, x '. ii., i i i .n i, ditional
and good government of this church with respect to powers.
(a) the consecration of bishops ;
(b) the oaths declarations and assents to be required of bishops
priests and deacons ;
(c) the furtherance of union with other Christian communions ;
(d) the regulation management and disposal of property moneys
and revenues under the control of the general synod or of any
committee board or commission appointed by the synod, sub-
ject to the trusts affecting the same whether original or as
. varied in accordance with the trust instrument or by any Act of
Parliament, and the keeping and rendering of proper accounts : ;
(e) matters directed or permitted by the constitution to be pre-
scribed by canon of the general synod, and not .directed or
permitted by the constitution to be prescribed by ordinance of
any other synod ;
(f ) matters referred to the general synod by any diocesan synod or
synods for the purposes of this section, but so that the canon
shall extend only to the diocese of any synod .which refers the
matter or which afterwards adopts the canon ;
(g) matters incidental to the execution of any power vested by the
constitution for the purposes of this section in the general
synod.
(2) Where an ordinance of any other synod is inconsistent with a
canon made under the powers vested by this section in the general
synod, the ordinance shall to the extent of the inconsistency be
invalid. .
21. (i) The general synod may make provisional canons p >- ,
e ,11 i i , f ,1 11 . i visional
for the order and good government of this church with powers.
respect to
(a) the appointment of coadjutor bishops ;
(b) the general standards of education and fitness to be attained
by persons who desire to be admitted to holy orders or to the
, . ministry of this church ;
(c) the promotion of sound learning and theological study among
the clergy and laity ;
v(d) the promotion of the cause of home and foreign missions ;
(e) the commendation of forms of service not contained in the
book of common prayer for use on special or commemorative
occasions ;
(f ) the provision of superannuation and provident funds for clerical
and lay officers ;
(g) insurance against any loss or damage whether by fire or other-
284 THE AUSTRALIAN CHURCH
wise in respect of any insurable church trust property and
against any risk or liability in respect of any person in the
service or employment of this church ;
(h) matters referred to the general synod by any diocesan synod
or synods for the purposes of this section, but so that the canon
shall only extend to the diocese of any synod which refers the
matter or which afterwards adopts the canon ;
(1) matters incidental to the execution of any power vested by the
constitution for the purposes of this section in the general
synod.
(2) Where any canon made under the powers vested by this section
in the general synod is inconsistent with an ordinance of the synod
of any diocese, the canon shall to the extent of the inconsistency not
apply to the diocese.
(3) Where the ordinance is made after the canon the fact that the
canon ceases to apply to the diocese shall not
(a) affect the previous operation of the canon or anything duly
suffered done or commenced to be done under the canon before
' it ceased to apply ;
(b) affect any right privilege obligation or liability acquired
accrued or incurred under the canon before it ceased to apply.
If the ordinance is passed by a majority of the clerical and lay repre-
sentatives voting by orders, the concurrence of the bishop shall not
be necessary, provided that nothing in this sub-section shaU authorise
an ordinance to be made without such concurrence except for the
purpose of excluding the application of the canon.
22. A canon shall be made by a bill passed in accordance
Canons. w ^ ^ s -|- an( j m g or( J e rs. '
The bill shall be initiated by a motion for leave to bring in the bill
and shall not be passed until the bill has been read a first and second
time considered in committee after the second reading, and read the
third time.
23. (i) The general synod jnay make rules prescribing anything
necessary or convenient to be prescribed for carrying out
u es * and giving effect to any canon or for controlling and regu-
lating the administration of the affairs of the synod> and in particular
may make rules prescribing
(a) the procedure for any election or appointment to be made by
or under the authority of the synod to any office ;
(b) the authorities powers rights and duties of any officer com-
mittee board or commission of the synod.
A rule shall be made by resolution after notice has been duly given
in accordance with the standing orders.
(2) The general synod may pass resolutions declaring the
Sons 1 " v * ew ^ *ke s y n d on an y ma tter affecting this church or
affecting spiritual moral or social welfare.
(3) The general synod may regulate the conduct of the
orders! 18 business of the synod under standing orders or otherwise as
it may deem proper.
Sessions.
24." (i) Until the general synod otherwise prescribes, there shall
Ordinary ^e an ordinary session of the general synod at least once in
session. every three years at such time and place as the synod may
DOCUMENT W 285
by resolution appoint or failing any sueh resolution then as
the standing committee of the synod may by resolution- appoint.
(2) A special session of the general synod shall be con-
vened by the primate on the application in writing of not
less than one half of the diocesan bishops.
(3) At least three months before the time for any session of the
general synod the primate shall by mandate under his hand .
and seal summon the diocesan bishops, and require them n a e '
to convene the prescribed number of clerical and lay representatives
of their respective dioceses at the appointed time and place.
(4) The procedure and powers of the general synod in a special
and an ordinary session shall be the same, provided that
in a special session no business other than the business Procedure
specified in the mandate shall be transacted. powers.
Records and Seal.
25. The proceedings of the general synod shall be duly
recorded and be authenticated by the signature of the ings. 66 "
president. .
Every canon of the general synod shall be printed in duplicate, and
each duplicate shall be compared and certified as correct by the
president, the chairman of committees and the secretaries of the
synod, authenticated by the official seal, and filed in books.
26. (i) The general synod shall have an official seal, geal>
which shall be judicially noticed. ;
The seal shall not be used to authenticate any canon rule resolution
instrument _or document or any copy thereof except upon a resolu-
tion of the synod or of the standing committee of the synod and by
and in the presence of at least three members of the committee.
(2) Any canon rule resolution instrument or document authentic-
ated by the official seal shall be admissible in evidence without further
proof.
A copy of any canon rule or resolution authenticated by the
official seal and purporting to be certified by at least three members
of the standing committee as a true copy shall be evidence of the
canon rule or resolution and be admissible in evidence without
further proof .
Standing Committee.
27. There shall be a standing committee of the general
synod which shall consist of so many members not less than tion. P S "
ten as may be prescribed by any rule of the synod.
The members of the committee shall be elected or appointed and
shall hold office, as may be prescribed by any rule of the synod.
The seal books and records of the general synod shall be entrusted
to the standing committee for safe keeping.
Committees Boards and Commissions,
28. The general synod may appoint any committee board ,
or commission that it may deem proper for carrying out or m ent.
giving effect to any canon rule or resolution of the synod.
Unless otherwise provided by any canon or rule of the synod
(a) the committee board or commission may include or consist of
persons who are not members of the synod ;
(b) the members of the committee board or commission shall be
286 THE AUSTRALIAN CHURCH
elected or appointed and shall hold office as may be determined
by resolution of the synod but shall not, unless the resolution
so provides, cease to be members of the committee board or
commission by reason only of ceasing to be members of the
synod;
(c) the committee board or commission shall have such powers and
duties as maybe conferred or imposed by resolution of thesynod;
(d) the committee board or commission may, if the synod by
resolution so directs, continue to exist and to exercise and
perform its powers and duties, until the expiration of the first
week of the next following ordinary session of the synod,
notwithstanding the prorogation or dissolution of the synod
by which the committee board or commission is appointed.
Chapter IV. THE PROVINCES AND PROVINCIAL SYNODS.
Provinces. . .
Existing 29. Each province in Australia shall subject to the con-
prov oca. g^itution continue as at the date on which the constitution
takes effect, until altered in accordance therewith.
30. A new province may be formed by any four or more dioceses
becoming united for that purpose, provided that the forma-
pminees. ^ion of the province is approved by ordinance of the dio-
cesan synod of each of such dioceses, and ratified by canon
of the general synod. .
The province shall not be deemed to be formed until such ratifica-
tion.
31. A province may be altered in accordance with the
Alteration constitution of the province, provided that the alteration
virices" shall not take effect until ratified by canon of the general
synod.
Provincial Synods.
ConstStu- 3 2 - The constitution of each province in Australia shall
tiqn of subject to this constitution continue as at the date on which
provinces. the constitution of this church takes effect, until altered in
accordance therewith.
33. The constitution of a new province may provide either for a
, provincial synod or for a provincial council, and in either
Constitu- ^ jjij- i e
tionoi case ma Y contain such provisions as the diocesan synod of
new pro- each of the dioceses to be united in the province may think
vmces. ^ provided that the constitution shall not take effect
until ratified by canon of the general synod.
34. The constitution of a province may be altered in
Alteration accordance therewith, or with the consent of all the dioceses
tution. * the Province given by ordinance of the synod of each
diocese, provided that the alteration shall not take effect
until ratified by canon of the general synod.
This section extends to altering the constitution of a province by
substituting a provincial council for a provincial synod, or by sub-
stituting a provincial synod for a provincial council.
35. A provincial synod shall have such powers for the order and
good government of this church within the province as may
Powers, be prescribed by the constitution of the province.
DOCUMENT W 287
.Chapter V. THE DIOCESES AND DIOCESAN SYNODS.
Dioceses.
36. Each diocese in Australia shall subject to the con- . . -
stitution continue as at the date on which the constitution dioceses,
takes effect, until altered in accordance therewith.
37. (i) A new diocese may be formed in any of the follow- iiew
ing ways, that is to say dioceses.
(a) by separation of territory from a diocese ;
(b) by the union of two or more dioceses or parts of dioceses ;
(c) out of territory in Australia which is- not part of any diocese,
and either out of such territory alone or out of such territory
together with any diocese or part of a diocese ;
(d) as a missionary diocese whether within or outside Australia.
(2) Where a new diocese is formed by separation of territory from
a diocese or by the union of two or more dioceses or parts of dioceses,
the proposal to form the new diocese may be initiated by the diocese
or dioceses concerned or by the province, if any, in which the diocese
or dioceses are included, -but the new diocese shall not be formed
unless such diocese or dioceses and province, if any, agree by ordin-
ance of their respective synods that the new diocese shall be formed,
and thereafter apply to the general synod to ratify the formation of
the new diocese.
In any case coming within this subsection a new diocese shall not
be deemed to be formed until the formation of the diocese is ratified
by or under canon of the general synod.
(3) In any other case the proposal to form a new diocese may be
initiated in the general synod, but where any diocese or part of a
diocese is included, the new diocese shall not be formed unless the
synod of the diocese and the synod of the province, if any, concerned
concurs by ordinance in the inclusion.
In any case coming within this subsection, if a diocese or part of a
diocese is included, the new diocese shall not be deemed to be formed,
until the synod of the diocese and the synod of the province, if any,
concerned, concur by ordinance in the inclusion, and subject to such
concurrence the new diocese shall be deemed to be formed as the
general synod may by canon determine, but if a diocese or part of a
diocese is not included, the new diocese shall be deemed to be formed
as the general synod may by canon determine.
(4) Upon the formation of a new diocese any church trust property
allocated to the new diocese by ordinance of the synod of any diocese
concerned, and any church trust property allocated to the new
diocese by canon of the general synod in any case where a diocese
is. not concerned, shall by virtue of the ordinance or canon, as the
case may be, and without any other assurance in the law, be held for
the new diocese and be vested in the trustees then or thereafter
appointed for the purpose and upon and subject to the trusts affect-
ing the same, but for the use benefit and purposes of this church
within the new diocese. .
38. (i) A diocese may by ordinance surrender any part
of its territory to any other diocese, and that diocese may by
ordinance accept the territory so surrendered. .
288 THE AUSTRALIAN CHURCH
The surrender and acceptance may be made upon such terms and
conditions, including the allocation of church trust property, as may
be agreed upon by the dioceses concerned.
The alteration of boundaries under this sub-section shall take
effect on the acceptance.
(2) A diocese may by ordinance alter its boundaries so as to include
territory which is not part of any diocese or so as to exclude territory
otherwise than by surrender to another diocese.
The alteration of boundaries under this sub-section shall not take
effect until ratified by or under canon of the general synod.
39. The general synod may by canon admit to the synod any
., ' . diocese the territory of which is partly or wholly outside
Admission i ,-> t i j t j
of dioceses. Australia and may upon such admission impose such terms
j and conditions, including the extent of representation in
the house of representatives, as the synod thinks fit.
Diocesan Synods.
Oonstitu- 4- The constitution of each diocese in Australia shall
tiqn . ol subject to this constitution continue as at the date on which
Ijofews. the constitution of this church takes effect, until altered in
accordance . therewith .
41 . The constitution of a new diocese shall provide for the election
or appointment of the first bishop of the diocese and may
tfonol U " adopt all or any of the provisions set forth in the second
new table annexed to this constitution with or without modifica-
diooeses. tiong and ^^ions, provided that the constitution shall not
take effect until ratified by or under canon of the general synod.
42. In a missionary diocese or in a diocese in which there are less
Missionary than ten licensed priests of the diocese there may in lieu of
and small a diocesan synod and until the general synod by or under
oeeses. an y canon otherwise prescribes be a provisional synod with
such constitution as the general synod thinks fit.
In any diocese in which at the date of the convention mentioned in
section one of this constitution there wasfio provision for a synod, the
bishop may, until the general synod otherwise prescribes, be elected
in accordance with the provisions under which the bishop in office
at that date was elected.
43. The constitution of a diocese may be altered in accordance
therewith or by ordinance of the diocesan synod adopting
Alteration all or any of the provisions set forth in the second table
?uthm. '" annexed to this constitution, or it may be altered as per-
mitted by of under any canon of the general synod.
Powers. 44- ( x ) A diocesan synod may make ordinances for the
order and good government of this church within the
diocese.
This sub-section shall not be deemed to be a direction or per-
mission to prescribe by. ordinance of a diocesan synod within the
meaning of paragraph (ej of sub-section one of section twenty of this
constitution, but otherwise nothing in this section shall limit any
powers of a diocesan synod under this constitution or under the
constitution of the diocese.
(2) A diocesan synod may refer to the general synod any matter
affecting this church either for the purposes of section twenty or for
the purposes of section twenty-one of this constitution.
. DOCUMENT W
Chapter VI. THE TRIBUNALS,.
43. There shall be a diocesan tribunal of each diocese,
the special tribunal and the supreme tribunal. '
46. (i) A diocesan tribunal shall consist of a president
and not less than two other members . as may be prescribed by
ordinance of the synod of the diocese.
The president and members shall be elected in such manner, hold
office for such period, have such qualifications and be subject to such
disqualifications, as may be prescribed by ordinance of the synod of
the diocese.
In any province the provincial synod if so requested by the synod
of a diocese may by ordinance of the provincial synod prescribe any
matter directed or permitted by this section to be prescribed by
ordinance of the synod of the diocese, provided that the synod of the
diocese may at any time otherwise prescribe.
(2) A diocesan tribunal shall in the case of a person licensed by the
bishop of the diocese, or in the case of any lay officer of the diocese,
have jurisdiction to hear and determine charges of breaches of faith
ritual ceremonial or discipline, and of such offences as may be pre-
scribed by any canon ordinance or rule.
(3) In matters involving any question of faith ritual ceremonial or
discipline an appeal shall lie from the determination of a diocesan
tribunal to the supreme tribunal.
In other matters an appeal shall lie in such cases as may be per-
mitted by ordinance of the diocesan synod or by canon of the general
synod from the determination of a diocesan tribunal to the supreme
tribunal.
47. (i) The special tribunal shall consist of a president .
and not less than six other diocesan bishops chosen in such tnlunalsi
manner as may be prescribed by canon of the general synod.
The primate shall be the president, or if he is not entitled to act,
the metropolitan or bishop who would exercise the authorities powers
rights and duties of the primate, if the office were then vacant, shall
be the president.
No person by or against whom the charge is brought shall be a
member of the tribunal.
(2) The special tribunal shall have jurisdiction to hear and
determine charges against any diocesan bishop of breaches of faith
ritual ceremonial or discipline.
(3) An appeal shall lie from the determination of the special tri-
bunal to the supreme tribunal.
48. (i) The supreme tribunal shaH consist of a president
and six other members three of whom shall be bishops or
priests and three of whom shall be laymen.
The president shall either be or have been a bishop of a see and
shall be elected by the general synod.
The other members shall be elected in the general synod as follows,
that is to say, two by, the house of bishops, two by the clerical repre-
sentatives and two by the lay representatives. In each case one of
the two members so elected shall be a bishop or priest and one a lay-
man. - .
. A bishop or priest shall not be a member unless he is of at least
fifteen years' standing in holy orders. ,
-290 THE AUSTRALIAN CHURCH
A layman shall not be a member unless he is qualified to be a lay.
representative of a diocese and is or has been a justice of the High
Court of Australia, a judge of the Supreme Court of a State, or a
practising' barrister or solicitor, of at least ten years' standing, of
the High Court of Australia or of the Supreme Court of a State.
The members of the tribunal shall be elected in such manner hold
office for such period and be subject to such disqualifications as may
be prescribed by or under canon of the general synod.
No party to an appeal shall be a member of the tribunal for any
purpose of the appeal and his place shall be filled for the purpose of the
appeal by the other members co-opting a person qulaified forthe office.
If any vacancy of office arises while the general synod is not in
session the vacancy shall be filled by the other members co-opting a
person qualified for the office, and any person so co-opted shall only
hold office until the next ordinary session of the general synod, pro-
vided that if any appeal is then pending he shall continue to hold
office for the purpose of the appeal.
(2) The supreme tribunal shall have jurisdiction to hear and
determine appeals from any determination of the special tribunal
and from any determination of any diocesan tribunal in any case in
which an appeal lies therefrom tq the supreme tribunal.
Every appeal to the supreme tribunal shall be by way of re-hearing.
Before determining any appeal the supreme tribunal may if it
thinks fit consult the Consultative Body of the Lambeth Conference.
49. (i) A tribunal shall make such recommendation as it thinks
just in the circumstances, but shall not recommend any
Sentence, sentence other than one or more of the following, that is to
say, monition, suspension from office, expulsion from office,
deprivation of rights and emoluments appertaining to office, deposi-
tion from holy orders.
The recommendation of a diocesan tribunal, or of the supreme
tribunal on an appeal from a diocesan tribunal, shall be made to the
bishop of the diocese concerned.
The recommendation of the special tribunal, or of the supreme
tribunal on an appeal from the special tribunal, shall be made to the
primate, provided that where the charge is against the primate, the
recommendation shall be made to the metropolitan or bishop who
would exercise the authorities powers rights and duties of the primate,
if the office were then vacant.
(2) The person to whom the recommendation is made shall give
effect thereto, provided that if any sentence is recommended, he may
with the consent of the tribunal mitigate or abstain from pro-
nouncing the sentence.
(3) The provisions of the constitution with respect to an appeal
from the determination of a tribunal shall extend to and authorise an
appeal from a -recommendation or sentence.
50. Where a charge is pending before a tribunal against any
Pending person licensed by the bishop of a diocese, the bishop with
charge. the concurrence of the diocesan council may suspend -such
perspn from the duties of his office until the determination of the
charge, and may make such arrangements for the performance of the
duties of the office as may be authorized by any canon ordinance or
rule or in the absence of such canon ordinance or rule as the bishop
may deem proper.
DOCUMENT W 291
51. For the purpose of securing the attendance of witnesses and
the production of documents and for the examination of
witnesses on oath or otherwise a tribunal shall have the
powers conferred upon arbitrators by any Act of Parliament Act.
in force in the State or territory in which the tribunal sits.
Chapter VII. THE PROPERTY OF THE CHURCH.
52. (i) There shall be a body corporate to be known as corporate
the corporate .trustees of the general synod of the Church & uste * so! j
of England in Australia, and in this section referred to as synod? 6
the corporate trustees.
The body corporate shall be deemed to be constituted as soon as
this constitution takes effect.
(2) The corporate trustees shall have perpetual .succession and a
common seal, may sue and be sued in and by their corporate name,
and may acquire hold and dispose of any real and personal property
or any estate or interest therein.
(3) The corporate trustees shall not dispose of any real or personal
property or any estate or interest therein except under a power
conferred by the instrument, if any, creating the trust or by law, or
under authority conferred by a canon of the general synod.
(4) The corporate trustees shall consist of seven or such less number
of persons as may be prescribed by canon of the general synod, and
such persons shall be elected or appointed and hold office, and may be
removed therefrom, as may be prescribed by canon of the general
synod.
(5) The corporate trustees, shall have such authorities powers and
duties as may be conferred or imposed by canon of the general synod.
(6) The corporate trustees may be appointed to be the trustees of
any church trust property, provided that where the property is
under the control of the synod of a^ diocese the appointment shall not
be made unless the consent of the synod is first obtained.
(7) Where any church trust property is under the control of
of the synod of a diocese nothing contained in this section
or done thereunder shall remove the property from its Property
control or place the property under the control of the general Control,
synod.
53. All church trust property shall be held upon the trusts
affecting the same, and subject thereto and to any Act of hu ! cl1
Parliament shall be held in accordance with this constitu- property,
tion.
Chapter VIII. THE BOOK OF COMMON PRAYER.
54., (i) Where an alteration of the book of common prayer is made
by the competent authority of the Church of England in Bevi8 j on
England the general synod may by canon permit the use . in
by this church of the alteration, but no permission given Ej lana -
by the canon shall have any effect in any diocese or parish until the
synod of the diocese by ordinance provides that the alteration may
be used in the diocese or parish.
The synod of the diocese may by ordinance make such provision
as it thinks proper for ensuring that the use of the alteration shall
not be permitted in any parish against the wish of the parishioners. .
THE AUSTRALIAN CHURCH
(2) At any time before the first ordinary session of the general
synod the synod of any diocese may by ordinance permit the use in
the diocese of any alteration made by the competent authority of the
Church of England in England and the ordinance may continue in
force until the general synod by canon otherwise prescribes.
(3) This section shall apply to an alteration made before or after
the date on which the constitution takes effect.
55. (i) Except as provided in section fifty-four of this constitu-
tion no alteration of the book of common prayer shall be
Revision made or permitted except by a canon of the general synod
Australia, passed and approved in accordance with the provisions of
this section.
(2) The canon shall not be made except on a bill which has been
recommended by the house of bishops after the report of a special
commission appointed by the general synod to consider in what
respects, if any, the book of common prayer should be altered.
(3) At least six months before the session of. the general synod in.
which the motion for leave to bring in the bill is made, a copy of the
bill and report shall be transmitted to the diocesan bishop of each
diocese, or if there is a vacancy in the office or if the bishop is absent
from Australia, to the person authorised to administer the affairs
of the diocese, together with a request that the same may be published
or otherwise notified in the diocese.
(4) Unless two-thirds of the diocesan synod within five years
assent by ordinance to the canon and the synods so assenting contain
a majority of the priests licensed in this church the canon shall be
deemed to have been rejected and the proposed alteration shall not be
further considered unless another bill is initiated in accordance with
the provisions of sub-sections two and three of this section.
(5) If two-thirds of the diocesan synods within five years assent by
ordinance to the canon and the synods so assenting contain a major-
ity of the priests licensed in this church the canon shall be considered
by the general synod at its next ordinary session and shall come into
force if two-thirds of the members of the house of bishops two-thirds
of the clerical representatives voting and two-thirds of the lay
representatives voting approve by canon and the general synod by
resolution declares that such assent and approval have been given.
(6) No alteration of the book of common prayer made under this
section shall affect any diocese or the bishop clergy or laity thereof
unless the diocesan synod has by ordinance assented to the. canon.
Chapter IX THE ALTERATION OF THE CONSTITUTION.
Unalter- 5- The provisions of chapters one and seven of this
aWe. . constitution and the provisions of this section shall not be
provisions, g^ered, provided that this section shall not preclude an
alteration of the name of this church.
57. The following provisions of this constitution, that is to say,
section twenty, chapter six, chapter eight, this section
ttonby" and section sixty-three, may be altered by canon of the
consent ol general synod, provided that the alteration shall not come
dioceses. i nto f rc e until all the diocesan synods by ordinance assent
to the canon and the general synod by resolution declares
that such assent has been given, . >
DOCUMENT W 293
58. (i) Any alteration of the name of this church and of Oon _
any provision of this constitution other than the pro- stituent
visions mentioned in section fifty-seven may be made by a wnm.
constituent canon of the general synod.
(2) A constituent canon shall not be made unless at least six
months before the session of the general synod in which the motion
for leave to bring in the bill is made, a copy of the bill is transmitted
to the diocesan bishop of each diocese, or if there is a vacancy in the
office or if the bishop is absent from Australia, to the person author-
ised to administer the affairs of the diocese, together with a request
that the same may be published or otherwise notified in the diocese.
(3) A constituent canon shall not be made unless the general synod
passes it by a majority of the bishops voting thereon in the house of
bishops and by the following majorities of the representatives voting
thereon in the house of representatives, that is to say
(a) a majority of clerical representatives ;
(b) a majority of lay representatives ;
(c) a majority of clerical representatives and a majority of lay
representatives of a majority of the dioceses.
Chapter X. THE OPERATION- OF THE CONSTITUTION.
59. (i) The constitution shall take effect on and after a Q 0m ,
day to be appointed in accordance with this section. mence-
The day shall not be appointed until the Parliaments of ment -
five States have passed Acts for giving effect to the constitution.
The day shall be appointed by a deed signed by the diocesan
bishops of not less than eighteen dioceses in Australia, declaring that
the Church of England within their respective dioceses acting through
a synod or convention specially summoned for the purpose has as-
sented to the constitution.
The bishops signing the deed shall include at least two metropolitans.
(2) The day appointed shall be notified in the Government
Gazette of each State by any one or more of the diocesan bishops
by whom the deed appointing the day is signed.
A copy of the Government Gazette of any State containing a
notification which purports to be signed by any one or more of the
diocesan bishops shall be conclusive evidence that the day has been
duly appointed in accordance with this section.
(3) The diocesan bishops signing the deed shall be a commission
for convening the first session of the general synod, and notwith-
standing any other provision of the constitution the commission may
do or cause to be done anything necessary or convenient for the
convening and holding of the session.
The commission shall appoint the time and place for the session,
and shall at least three months before the time for the session in
such manner as the commission deems proper summon the- diocesan
bishops of the dioceses to which the constitution applies, and require
them to convene the prescribed number of clerical and lay repre-
sentatives of their respective dioceses at the appointed time and place.
60. (i) The constitution shall apply to every diocese in Australia
which assents to the constitution, whether before or after Applioa-
the constitution takes effect, and to every diocese formed tj^ 1 ,,.
or admitted to the general synod under the constitution. stitution.
294 THE AUSTRALIAN CHURCH
(2) Where all the dioceses of any 'province so assent to the consti-
tution, the constitution shall apply to the province as well as to
each diocese.
If any diocese of a province so assents but any other diocese of
the province does not so assent to the constitution, the diocese so
assenting shall cease to be included in the province.
(3) If any diocese in Australia does not assent to the constitution
the diocese shall not by reason only of that fact be deprived of
fellowship or communion with this church or with any diocese of
the Church of England in Australia and Tasmania, and may have
association with this church on such terms and conditions as may
be agreed upon by ordinance of the diocesan synod of the diocese
and by canon of the general synod.
61. The constitution and all acts matters and things done under
Operation the constitution shall be binding on the bishops clergy and
oonstUu- k^y as mem kers of this church and for all purposes con-
tion. nected with or in any way relating to church trust property.
62. Every consensual compact and every enactment in force in
this church, or in any province or diocese which has become
compacts or becomes a province or diocese to which the constitution
enaot- applies shall, subject to the constitution, continue in force
men B ' in this church or in the province or diocese, until altered
under the constitution in the case of any compact or enactment in
force in this church, and until altered under the constitution of the
province or diocese in the case of any compact or enactment in force
in the province or diocese, as the case may be.
This section extends to any determination rule or regulation made
by the synod known as the General Synod of the Dioceses in Australia
and Tasmania any constitution act canon or ordinance made by the
provincial synods of New South Wales Victoria Queensland and
Western Australia respectively and any constitution act canon
ordinance rule or regulation made by the diocesan synod- of any
diocese in Australia.
63. No decision of the Judicial Committee of the Privy Council or
Decisions * anv ^ ner court in England on any question as to the
oi Privy faith ritual ceremonial or discipline of the Church of England
anT^ * n England shall bind any court or tribunal on any question
English as to the faith ritual ceremonial or discipline of this church,
Courts. k u f. no thing in this section shall preclude any such decision
from being cited to any court or tribunal as a persuasive precedent.
This section shall apply to a decision given either before or after
the date on which this constitution takes effect.
64. Where any question arises as to the faith ritual ceremonial or
discipline of this church or as to the authorities powers
D/the" rights and duties of bishops priests and deacons of this
Church in church or any officer or member thereof recourse shall unless
8 an * the general synod by canon otherwise prescribes be had to
the history canons practice and customs of the Church of England
in England.
This section shall not apply to any canon practice or custom which
applies to the Church of England in England by reasons only of its
being the established church thereof.
Jntrepre- 6 5- (*) I n the constitution unless the context or subject
tation. matter otherwise indicates ;
DOCUMENT W 295
'". Australia " includes any part of His Majesty's Dominions within
the Commonwealth of Australia and any territory in respect of |
which a mandate is exercised by the Government of the Common-
wealth of Australia. .
" Canon " includes a constituent and a provisional canon.
" Church trust property " means property held in trust for or on
behalf of or for the use of this church and includes property held
for the benefit of or in connection with any diocese or parish or
otherwise.
" Diocesan bishop " means bishop of a see*
"Diocesan synod" and "synod of a diocese" include a pro-
visional synod.
" Diocese " means a diocese of this church.
" General synod " means the general synod under the constitution.
" License " means a license under seal of a bishop of a diocese
and " licensed " has a meaning corresponding with that of
license.
" Metropolitan " includes the senior bishop exercising the authori-
ties powers rights and duties of the metropolitan.
" Ordinance " includes any act canon constitution provision
statute or other enactment of a provincial or diocesan synod or
of the competent authority in or with respect to a missionary
diocese.
" Parish ' means any parish parochial district or similar pastoral
division constituted by or under ordinance of the synod of a
diocese an electoral area for the election of representatives to
the synod.
" Parishioner " means any person entitled to vote at the election
of representatives of the parish to the synod of a diocese.
" Primate " includes the metropolitan or senior bishop exercising
the authorities powers rights and duties of the primate.
" Provincial synod " includes a provincial council.
" See " means a see of this church.
" State " means a State of the Commonwealth of Australia.
" The constitution " or " this constitution " means the constitu-
tion of this church.
" This church " means the Church of England in Australia.
" Voting by orders " refers to two distinct votes being taken, that
is to say, a vote of clerical representatives, and a vote of lay
representatives.
(2) In the constitution " the book of common prayer " means the
book of common prayer as received by this church before and at the
date of the convention mentioned in section one of the constitution,
that is to say, the book of common prayer and administration of the
sacraments and other rites and ceremonies of the Church according
to the use of the Church of England together with the psalter or
psalms of David pointed as they are to be sung or said in churches
and the form and manner of making ordaining and consecrating
bishops priests and deacons.
For the purposes of this definition, " the book of common prayer "
shall be deemed to include the articles of religion, sometimes called
the thirty-nine articles.
(3) In the case of lay but not of clerical persons words in the
constitution importing the masculine shall include the feminine..
296 THE AUSTRALIAN CHURCH
Chapters. 66. This constitution is divided into the following
chapters :
Chapter I. The Declarations.
Chapter II. The Government of the Church.
Chapter III. The General Synod.
Chapter IV. The Provinces and Provincial Synods.
Chapter V. The Dioceses and Diocesan Synods.
Chapter VI. The Tribunals.
Chapter VII. The Property of the Church.
Chapter VIII. The Book of Common Prayer.
Chapter IX. The Alteration of the Constitution.
Chapter X. The Operation of the Constitution.
FIRST TABLE ANNEXED TO SCHEDULE ONE.
Clerical and Lay Representatives in the General Synod. ,
1. The number, of clerical and lay representatives respectively of
each diocese shall be in proportion to the number of clergymen of
the diocese and shall be determined by dividing that number by a
quota, and if on the division there is a remainder, the diocese shall
be entitled to one more clerical and one more lay representative.
The primary quota shall be fifteen, provided that where the
number of clergymen exceeds three hundred the quota shall in
respect of the excess be doubled.
2. Notwithstanding any other provision in this table each diocese
shall be entitled to at least one clerical and one lay representative.
3. Notwithstanding any other provision in this table the general
synod may by canon vary the primary quota.
4. In this table " clergyman " means a clergyman resident and
duly licensed to officiate in the diocese concerned.
SECOND TABLE ANNEXED TO SCHEDULE ONE.
Diocesan Synods.
Provisions which may be adopted in the constitution of a new diocese
or by ordinance of the synod of any diocese.
1. The diocesan synod shall consist of the bishop the licensed
priests of the diocese or such of them as may be prescribed
ky or un ^ er ordinance of the synod, and lay representatives
of each parish of the diocese, together with such additional
members, if any, as may be prescribed by or under ordinance of the
synod.
A parish shall mean any parish parochial district or similar pastoral
.division constituted by or under ordinance of the diocesan synod an
electoral area for the election of lay representatives to the synod.
2. (i) An election of the lay representatives of a parish shall be
held under a mandate of the bishop once at least in every
tnree Y ears at sucn time as may -be prescribed by ordinance
of the diocesan synod.
(2) The lay representatives of a parish shall be elected and certified,
arid any vacancy in the place of a lay representative may be' filled,
in such manner as the diocesan synod may by ordinance determine.
DOCUMENT W 297
(3) The number of lay representatives for any parish/shall be one
two or three as may be prescribed by or under ordinance of the
diocesan synod. -
(4) No person who is under the age of twenty-one years or is not a
communicant of this church shall be qualified to be elected or to
vote for the election of a lay representative.
3. The diocesan synod may determine in such manner as it may
deem proper whether any person who claims to be a member
of the synod is entitled to be such member, and may de- member-
termine whether he has been duly and lawfully elected Bhi fi-
appointed or summoned to the synod. .
4. (i) The diocesan synod may proceed to the despatch of Failure to
business notwithstanding the failure of any parish to pro- "presen-
vide for its representation in the synod. .tatives.
(2) No ordinance rule act or exercise of power of the diocesan
synod shall be vitiated by reason only of the fact that any person
to be elected appointed or summoned to the synod has not been
elected appqinted or summoned, or by reason only of any informality
with respect to .the election appointing or summoning,
5. (i) The' bishop of the diocese or in his absence a commissary
appointed by him in writing shall be the president" of the
diocesan synod, and if there is no such commissary present President,
or the see is vacant, the person appointed for the purpose
by or under any ordinance rule or resolution of the synod shall be
the president.
(2) The president may take part in any discussion.
(3) The president may with the concurrence of the diocesan synod
prorogue and dissolve the synod.
6. The quorum of the diocesan synod shall be such _
quorum as may be prescribed by ordinance of the synod. y uorunit
7. Any question to be determined by the diocesan synod shall be
determined in such manner and by such majority, and
whether on voting by orders or otherwise, as may be pre- Voting,
scribed by ordinance of the synod, and until otherwise
prescribed, the question shall be determined by majorities on voting
by orders, that is to say, a majority of the clerical representatives
voting thereon and a majority of the lay representatives' voting
thereon.
8. (i) The diocesan synod may make ordinances for the
order and good government of this 'church within the owers<
diocese.
This sub-section shall not be deemed to be a direction or permission
to prescribe by ordinance of the diocesan synod within the meaning
of paragraph (e) of sub-section one of section twenty of the constitu-
tion of this church, but otherwise nothing in this section shall limit
any powers of the diocesan synod under the constitution of this
church or under the constitution of the diocese.
(2) The following matters are enumerated as being within the
powers mentioned in sub-section one of this section, but the enumera-
tion shall not limit the generality of the provisions of that sub-
section :
(a) the election of the bishop of the diocese ;
(b) the erection or constitution of a church to be the cathedral
church;
298 THE AUSTRALIAN CHURCH
(c) the appointment authorities powers rights and duties of
coadjutor and assistant bishops and other diocesan officers ;
(d) the oaths declarations and assents to be required of persons
who desire to be licensed to exercise the functions of any
spiritual or lay office ;
(e) the licenses to be issued by the bishop, the tenure and con-
ditions of office thereunder, and the circumstances in which
the bishop may suspend or revoke a license ;
(f) the general standards of education and fitness to be attained
by persons who desire to be admitted to holy orders or to the
ministry of this church ;
(g) the promotion of sound learning and theological study among
the clergy and laity ;
(h) the establishment recognition and support of schools colleges
hospitals and other charitable institutions and social agencies ;
(i) the promotion of the cause of home and foreign missions ;
(j) the commendation of forms of service not contained in the
book of common prayer for use on special or commemorative
occasions ;
(k) the election or appointment of lay and clerical representatives
of the diocese in the provincial or general synod, and the
filling of a vacancy in the place of any such representative ;
(1) the appointment of a person to be the president of the
diocesan synod in the absence of the bishop and commissary
or during a vacancy of the see ;
(m) the election of lay representatives of each parish, the number
of lay representatives of any parish, the filling of a vacancy
in the place of a lay representative of any parish, and the
election or appointment of additional members, in the
diocesan synod ;
(n) the determination of any claim to membership of the diocesan
synod, and of the validity of any election appointment or
summons to the synod ;
(o) the grounds on which a person may be disqualified from being
elected or from sitting or voting as a member of the diocesan
synod ;
(p) the formation union and division of parishes, the alteration
of the boundaries thereof, the constitution of other pastoral
areas or charges ;
(q) the election or appointment of church wardens and other
parochial officers ;
(r) the regulation and management of the affairs of the diocese
. and of any parish or pastoral area or charge thereof ;
(s) the regulation management and disposal of property moneys
and revenues under the control of the diocesan synod, subject
to the trusts affecting the same, whether original or as varied
in accordance with the trust instrument or by any Act of
Parliament, and the keeping and rendering of proper accounts;
(t) the provision of superannuation and provident funds for
clerical and lay officers ;
(u) insurance against any loss or damage, whether by fire or
otherwise, in respect of any insurable church trust property
and against any risk or liability in respect of any person in
the service or employment of this church ;
DOCUMENT W 299
(v) matters directed or permitted by the constitution of this
church to be prescribed by ordinance of the diocesan synod ;
, (w) matters incidental to the execution of any power vested by
the constitution of this church in the diocesan synod.
(3) The diocesan synod may refer to the general synod any matter
affecting this church either for the purposes of section twenty or for
the purposes of section twenty-one of the constitution of this church.
9. (i) An ordinance of the diocesan synod shall be made QIM.
by a bill passed in accordance with the standing orders. nances.
(2) The bill.shall be initiated by a motion for leave to bring in the
bill, and shall not be passed until the bill has been read a first and
second time, considered in committee after the second reading, and
read the third time.
10. (i) The diocesan synod may make rules prescribing any thing
necessary or convenient to be prescribed for carrying but
and giving effect to any ordinance of the synod or for con- Riles,
trolling and regulating the affairs of the synod, and in
particular may make rules prescribing
(a) the procedure for any election or appointment to be made by
or under the authority of the synod to any office ;
(b) the authorities powers rights and duties of any officer com-
mittee board or commission of the synod.
(2) A rule shall be made by resolution after notice has been duly
given in accordance with the standing orders.
11. (i) An ordinance or rule of the diocesan synod shall not take
effect or have any validity unless within three months after Orai .
the passing of the same the bishop shall assent thereto in nances
writing. and Rules.
If the bishop does not so assent, and the ordinance or rule is again
passed at the next session of the synod by two-thirds of the clerical
^representatives voting and two-thirds of the lay representatives
voting, the synod may refer the ordinance or rule to the house of
bishops of the general synod with provision for the presentment of
the case for the diocesan synod and the house of bishops may deter-
mine whether the ordinance or rule is to have effect notwithstanding
that the bishop has not consented thereto.
(2) An ordinance or rule of a diocesan synod shall be binding on
the bishop clergy and laity of this church in the diocese.
1-2. The diocesan synod may pass resolutions declaring
the view of the synod on any matter affecting this church tions. U "
or affecting spiritual moral or social welfare.
13. The diocesan synod may regulate the conduct of the
business of the synod under standing orders or otherwise . orders? 8
as it may deem proper.
.. 14. There shall be a session of the diocesan synod once at least
in every year unless the synod has by resolution previously fi .
directed that a longer period shall elapse. essions<
The session shall be held at such time and place as may be
appointed by or under any ordinance of the synod.
15. The proceedings of the diocesan synod shall be duly
recorded and be authenticated by the signature of the
president.
Every ordinance of the diocesan synod shall be printed in duplicate,
and each duplicate shall -be compared and certified as correct by the
300 THE AUSTRALIAN CHURCH
president, the chairman of committees and the secretaries of the
synod, authenticated by the official seal and filed in books.
16. (i) The diotesan synod shall have an official seal,
69 ' which shall be judicially noticed.
The seal shall not be used to authenticate any ordinance rule
resolution instrument or document or any copy thereof except upon
a resolution of the synod or of the diocesan council of the synod and
in the presence of at least three members of the council.
(2) Any ordinance rule resolution instrument or document
authenticated by the official seal shall be admissible in evidence
without further proof.
A copy of any ordinance rule or resolution authenticated by the
official seal and purporting to be certified by at least three members
of the diocesan council as a true copy shall be evidence of the ordin-
ance rule or resolution and be admissible in evidence without further
proof.
17. There shall be a diocesan council which shall consist of the
bishop and such number of clergymen and laymen, and
Council 11 elected or appointed in such manner, as may be prescribed
by ordinance of the diocesan synod.
The diocesan council shall have such authorities powers and duties
as may be prescribed by ordinance of the diocesan synod.
The seal books and records of the diocesan synod shall be entrusted
to the diocesan council for safe keeping.
Com- 18. The diocesan synod may appoint any committee
mittees board or commission that it may deem proper for carrying
andCorn- ou ^ or giving effect to any ordinance rule or resolution of
missions, the synod.
Unless otherwise provided by ordinance or rule of the synod
(a) the committee board or commission may include or consist of
persons who are not members of the synod ;
(b) the members of the committee board or commission shall be
elected or appointed and shall hold office as may be determined
by resolution of the synod, but shall not, unless the resolution
so provides, cease to be members of the committee board or
commission by reason only of ceasing to be members of the
synod ;
(c) the committee board or commission shall have such powers and
duties as may be conferred or imposed by resolution of the
synod
(d) the committee board or commission may, if the synod by
resolution so directs, continue to exist and to exercise and
perform its powers and duties, until the expiration of the first
week of the next following ordinary session of the synod,
notwithstanding the prorogation or dissolution of the synod
by which the committee board or commission is appointed.
SCHEDULE TWO.
SCHEDULE THREE.
DOCUMENT X 301
DOCUMENT X
REPORT TO THE GENERAL SYNOD OF 1921 OF THE
COMMITTEE TO ENQUIRE INTO THE BASIS OF CHURCH
CONSTITUTION IN AUSTRALIA.
(Reprinted from the Official Report, 1921, Appendix X, pp. 130-138.)
i The primary question to which your Committee was instructed
to address itself in the resolution under which it was appointed by
the General Synod of 1916, was :
(a) To consider whether the existing legal position qf the Church
in Australia, and its relationship to the Church in England,
and to the Anglican Communion, as declared in the Opinion
of Counsel upon the " Nexus Question," is satisfactory as a
permanent basis for Church fellowship within Australia, and for
corporate fellowship with the Church in England, and with
other branches of the Church Catholic in communion with the
Church in England.
Upon the question your Committee begs to report that in its
opinion the existing legal position of the Church in Australia and
its relationship to the Church in England and to the Anglican Com-
munion is not satisfactory as a permanent basis for Church fellow-
ship within Australia, or for corporate fellowship with the Church in
England and with other branches of the Church Catholic in com-
munion with the Church in England.
Review.
2. In explanation of the considerations which have led it to this
conclusion your Committee desires first briefly to review the present
position of the Church and the historic circumstances under which
it took shape :
The Courts of Law in England had given decisions declaring the
status xf the Church in self-governing colonies to be that of a
voluntary society. In view of this fact it became desirable for
constitutions to be adopted for the purpose of defining the trusts on
which Church property was to be held, and of providing for Church
government generally.
The Dioceses of the Church of England in Australia and Tasmania
therefore found it necessary to state their standards and formularies
of faith and order to meet the circumstances in which they were
placed. There was thrust upon the Church the necessity of making
a corporate autonomous decision, and of having this autonomous act
embodied in the various Constitution Acts or kindred documents.
The decisions reached in that early stage of diocesan life in Australia
were practically uniform throughout the dioceses of Australia. They
retained en bloc the standards and formularies of faith and order of
the Church of England in England as these then stood, and made no
provision for interpreting or giving final decisions upon these
standards and formularies,
Reasons for Dissenting from the Perpetuation of this Position.
3. While it is impossible to set forth in this report all the con-
siderations in favour of reform which have been presented during
302 THE AUSTRALIAN CHURCH
the protracted discussions of your Committee during the past four
years, we desire to set forth the following summary of reasons why
the present position cannot be regarded as permanently satisfactory.
It is to be understood that these reasons are not regarded by all
members of the Committee as of equal cogency, nor does each member
of Committee necessarily accept each reason set forth as affecting his
decision upon the primary question, but the Committee feel that
their cumulative force establishes the need for seeking a reformed
basis for the Church in Australia.
(a) It is claimed that the Church in Australia is a " Particular or
National Church " in the sense intended in Article 34, and
that as such it (in the words of the Article) " hath authority
to ordain, change and abolish ceremonies or rites of the Church
ordained only by man's authority, so that all things be done
to edifying." Seeing that this authority is declared in the
-Articles of our religion to be inherent in a particular or national
Church, it is considered inconsistent with, if not subversive of
the true character of such a Church to acquiesce in the restraint
constitutionally imposed upon itself in the exercise of this
authority. ,
(b) History has moved fast in the last few years, and Australia
has now been called to a recognised position as one of the
Nations of the world national sentiment has developed
rapidly and strongly. The Church of England in Australia
already begins to occupy a constitutional position, anomalous
and out of date when compared with all other political and
religious institutions. The Church will be unduly hampered in
fulfilling its proper mission to Australian national life if it
retain a form, order and constitution out of harmony with, and
alien from the spirit of nationhood in which it is called to work.
(c) The Church should make provision for the reconsideration of
its name, style, or title. Our proposal, as shown later, is at
the present time merely to make such provision, and to
consider the need at a later stage. Many think that the need
of reconsideration is already urgent. It should be pointed out
that already the Church in Australia has been called upon to
assume a name. In the first instance it bore the name of the
" United Church of England and Ireland in (name of State.")
At a later stage the name was changed to that of " The Church
of England in (name of State)." This style and title is
strongly felt by many to be not only on general considerations
opposed to all historic precedent and Catholic principle, but
also to be misleading, inappropriate and disadvantageous as
the designation of our Church in Australia.
However, it is clearly to be understood that the proposal
now to be submitted is for provision to review the name of
the Church at any subsequent period, and not to effect a
change at present.
d) It is felt that the Church should accept its proper responsi-
bility of interpreting the formularies it has adopted, and have
power to appoint a Tribunal of Reference in Australia or
elsewhere which shall be the final court of appeal from
Diocesan pr Provincial tribunals in disputes concerning faith
and order. Should a dispute arise at the present time involving
DOCUMENT 'X 303
any interpretation as above it would be decided in the last
resort by reference to decisions already given by English
Ecclesiastical Courts, before none of which could the Australian
Church be directly represented or plead.
(e) The Church in Australia would be following the example of
other Churches included in the Anglican Communion beyond
the provinces of Canterbury and York. The Churches 'in
Ireland, Scotland, Wales, Canada, United States of America,
and South Africa are already exercising the powers of self-
government, which the Church in Australia is recommended
to acquire without in any way imparing their full spiritual
communion with the Church in England. Under the Enabling
Act the Church in England has obtained powers in a similar
direction,
,(f) The Encyclical Letter of the Lambeth Conference of 1908
contains the following words, the spirit of which we believe is
embodied in the proposals now before you :
" If the Anglican Communion is to render that service to
the varied needs of mankind to which the Church of our day
is especially called, regard must be had both to the just
freedom of its several parts and to the just claims of the whole
Communion upon its every part. The freedom of local develop-
ment which is a characteristic element in the inheritance which
the Anglican Communion has received, and in the traditions
of the English-speaking race, and which also belongs of right
to the native churches which we have fostered, must have its
balance and check in opportunities for mutual consultation
and advice."
(g) The effort to effect union with other Christian communions
cannot be entered into by the Church in Australia as a body
free and competent to offer and receive proposals for union
until the Church in Australia is able (a) to speak with a free
mind ; (b) to speak with one mind.
Resolution n of the Lambeth Conference, 1920, lays such
a duty upon us, viz., " The Conference recognises that the
task of effecting union with other Christian Communions
must be undertaken by the various national, regional, or
Provincial authorities within the Anglican Communion, and
confidently commits to them the carrying out of this task on
lines that are in general harmony with the principles under-
lying its appeal and resolutions."
Resolution 14 reinforces this obligation as it affects us in
Australia, viz., " It is important to the cause of reunion that
every branch of the Anglican Communion should develop the
Constitutional Government of the Church. . . ."
If we are to begin to carry out this task " confidently
committed " to us by the Lambeth Conference we must
establish ourselves on a basis of self-determination similar
to that of those other Christian Communions in Australia
whom we would invite to join us in the quest for union. .
It is worth while to add one general consideration. There is a
fear in some minds lest the provision for the wider exercise of
autonomy in the Church in Australia would lead to a breach
with the Mother Church. We believe that this fear is utterly ground-
304 THE AUSTRALIAN CHURCH
less. The grant of autonomy to the Dominions comprising the
British Empire has strengthened rather than weakened the unity
of the Empire ; and there is every reason to suppose that the
proposals here set forth will have the same effect in the spiritual
sphere.
Your Committee is therefore of opinion that an effort should
be made by the Church to secure a more satisfactory basis for
fellowship.
4. In the event of our being of this opinion we were instructed
under clauses (c) and (d) of the resolution :
(c) " To present to next ordinary Session of General Synod a
statement which, in the judgment of the Committee, sets
forth the terms upon which satisfactory condition of fellow-
ship as aforesaid may be based."
(d) " To report in detail upon all necessary steps that should be
taken to make such a basis of fellowship operative and
effective throughout the dioceses of the Commonwealth."
5. Two strongly contrasted courses of. action were open to your
Committee in endeavouring to fulfil this instruction :
. (a) To submit a draft of a new Constitution for the Church in
Australia with revised standards and formularies of faith
and order.
(b) To recommend the obtaining of amendments in our Constitu-
tion Acts under which the Church re-adopts all its existing
standards and formularies, but makes provision for the
exercise of power as need arises for making such variations in
the name and style of the Church and the standards and
formularies of faith and order as may be agreed to by the
Synods of the Church under safeguards such as those set
forth below.
Your Committee urges the latter course .of procedure. It,recom-
mends no present change, beyond that of empowering the Church,
acting through its Synods, to make changes as emergencies arise and
the mind of the Church directs.
We believe that our suggestions contain such safeguards against
hasty action and wide sweeping changes on the part of the Church
in Australia as will upon careful perusal reassure the more hesitating
and doubtful mind.
6. It may be well to point out, however, that in addition to the
Constitutional checks and safeguards that can be set out on paper,
other practical checks exist which will operate very powerfully
though they are incapable of expression in legal enactment.
Such bodies as Church Synods are always more inclined to main-
tain the status quo ante than to cast their votes for a new order. The
case for change would require to be one of almost overwhelming
force to secure the suffrages of General and Diocesan Synods in the
proportions required in our proposals.
The apprehensions lest any action might be taken to compromise
the Church's claim to be a part of (a) Christ's Holy Catholic Church,
(b) the Anglican Communion would be a powerful deterrent, and the
ever present desire to maintain the internal unity of the Church in
Australia would also ensure that nothing would be done which failed
to approve itself to the almost unanimous mind of the Church in
Australia.
DOCUMENT X 305
7. There is a final ground of confidence. The Church is not at the
mercy of forces which are merely human ; and we may trust that
the Holy Spirit who gives it life will also give wisdom.
Proposals for Reform,
8. The amendments which your Committee recommend to be
inserted in the various Constitution Acts and Fundamental Pro-
visions of the Dioceses of the Church of England in the Common-
wealth of Australia are as follows (it being understood that legal
drafting Committees would adopt the formula proposed to meet the
case of each particular legal instrument involved) :
The Church of England in the Diocese or Province of
being a Church in full and complete communion with the Church
of England in England, and with the Churches in other Dominions
and countries which are in .Communion with the Church of England
in England hereby declares : :
(1) That until further order be taken by duly constituted authority
of the Church of England in the Commonwealth of Australia
as set forth hereinafter, the standards and formularies of
faith and Order in the said Church are and shall be those in
use by lawful authority in the Church of England in England
on (date) namely, the Book of Common Prayer, and of Ordain-
ing of Bishops, Priests and Deacons, and the Articles of
Religion.
(2) That the Church of England in the Commonwealth of
Australia, acting through its Synods, may from time to
time make alterations in the name and style of such Church,
and in the standards and formularies of faith and order
accepted above.
(3) That the said Church may make provision for a Tribunal of
Reference in Australia or elsewhere, Which shall be the final
Court of Appeal from Diocesan or Provincial Tribunals in
disputes concerning faith and order.
Provided that
(a) No such proposed alteration shall be initiated except by a
Determination to be submitted to the General Synod of the
Church of England in the Commonwealth of Australia. A
copy of any such proposed Determination shall be forwarded
to the Primate of the Church in Australia for distribution to
members of the General Synod at least four months before the
Session of .the Synod at which it is to be considered.
(b) No such Determination shall be considered to have been
passed by the General Synod until it shall have received
in its favour three-fifths of the votes of such of the clerical
members of the House of Representatives as are present and
voting, three-fifths of the votes of such of the lay members of
the House of Representatives as are present and voting, and
three-fifths of such members of the House of Bishops as are
present and voting.
(c) Every such Determination being declared passed, as above
shall be remitted to the Synod of each Diocese of the Church
of England in the Commonwealth of Australia, and shall not
be considered to have been accepted by any such Diocesan
Synod until it shall have received in its favour three-fifths of
u
306 THE AUSTRALIAN CHURCH
the votes of the members of such Synod being present and
voting.
(d) If it be reported at any ensuing session of General Synod that
such Determination has been and still remains accepted by
not less than two*thirds of the Diocesan Synods in Australia,
the Determination shall be again submitted to the vote of
General Synod, and if it should receive in its favour three-fifths
of the votes of the members of each House of the Synod being
present and voting, and provided that the total number of
affirmative votes shall not be less than half the total number
of members whose attendance has been recorded, then any
such alterations in the name and style of the Church of
England in the Commonwealth of Australia, or in the formu-
laries of faith and order as may be contained in such Determina-
tion shall be henceforth the name and style of the said Church,
and be the formularies of faith and order of the said Church
as so amended.
When any such Determination has been passed by the General
Synod in the manner required in Proviso (b) above, the General Synod
shall thereupon by resolution determine whether the Standing Com-
mittee of General Synod be instructed, upon the said Determination
being accepted by not less than two-thirds of the Diocesan Synods, to
submit it to the Archbishop of Canterbury and the Consultative Body
of the Lambeth Conference, or either of them ; and it shall be the
duty of the Standing Committee to communicate to the Bishops of
Australia, for the information of their respective dioceses, the replies
that may be received.
Legislative Action.
9. The Legislative sanction required to enable the Church in
Australia to acquire such a degree of autonomy as outlined above,
without jeopardising its title to Church property would be as
follows :
(1) An Act of Parliament in each of the States of the Common-
wealth.
(2) An Ordinance of the Legislative Council for the territory of
Papua.
(3) An Act of Parliament of the Commonwealth in respect to any
territory administered by the Commonwealth or under
mandate in the event of such territory being brought within
an Australian diocese.
(4) An Act of the Imperial Parliament.
Such Acts and Ordinances, after reciting the adoption of the
amendments in the Constitution by the various Dioceses, should
enact that all real and personal property within or subject to the
jurisdiction of the particular legislature, and held upon any public
or private trust for, or in connection with the Church of England,
in any part of the area covered by the* various Dioceses, should
be held upon a similar trust for or in connection with the said Church
under its amended Constitution.
Procedure to Effect the Proposed Change.
ID. In order that the mind of the Church upon these proposals
may be fully tested under due safeguards, your Committee is
DOCUMENT X 307
presenting to the Session of General Synod to meet in 1921 a motion
for leave to bring in a Determination setting out in Legislative form
the proposal contained in Section 8 hereof.
A copy of the proposed Determination was, in accordance with
Proviso 8 (a), forwarded to the Primate for distribution to members
of the General Synod four months prior to the present Session.
Should the General Synod pass the proposed Determination in the
manner required by Proviso 8(b), a further motion will be submitted
to appoint a Central Legal Drafting Committee.
Upon it being reported that three-fifths of the Diocesan Synods
have accepted the Determination, this Committee shall proceed to
draft the necessary amendments to be submitted to the Legislatures
indicated above, and shall submit these amendments for the approval
of General Synod at its Session in 1926, together with reports from
the Standing Committees, Diocesan Councils and similar bodies
representing the Provincial or Diocesan Synods which the Com-
mittee shall consult in the drafting.
It is hoped that such general agreement would be reached by the
time of the meeting of General Synod in 1926, that the Synod would
then be able to give its final approval to the Determination and to
the Acts proposed to be submitted to the various Legislatures.
Instructions would then be given to endeavour to secure the
passing of these Acts, and if their passage is secured the General
Synod of 1931 would meet with the Church able to exercise these
wider powers provision for which your Committee recommends
should be made.
If the General and Diocesan Synods at once availed themselves
of these powers to make changes in the name or formularies of the
Church, these changes would not become operative until approved
by the General Synod of 1936.
The course recommended is not precipitate. A cautious amend-
ment such as is proposed is the best safeguard against precipitancy
under stress at a later date.
On behalf of the Committee,
(Sgd.) JOHN CHARLES SYDNEY,
Chairman.
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INDEX
ACT for Regulating the Temporal
Affairs of Churches, 85
Act for the Termination of the
Parliamenary Ecclesiastical
Grant of 1895 [West Aus.],
144
Act of 1828, 34
Act of 1842, 35
Act of Uniformity Amendment Act,
164
Act to enable the Members of the
United Church of England
and Ireland in New South
Wales to manage the Pro-
perty of the said Church
under which the Constitu-
tions were made binding for
all Purposes connected with
Church Property, 1866,
in
Act to provide for the Abolition of
State Aid to Religion
[N.S.W.], 142
Act to provide for the Commutation
of the Sum of 15,000 a Year
received by " the Constitu-
tional Act for Public Worship
in Tasmania," 1862, 143
Adelaide, 43, 45, 47, 52, 70, 104, 126,
128, 150, 186, 190 1
Advisory Legislative Council of
New South Wales, 31, 33
Africa, West Coast of, 19
Allwood, Canon, 105
Amendment Act of 1892, 116
of 1899, 116
of 1903, 116
of 1905, 116
America, 16, 18 f.
North, 35, 142
South, 1 6, 46
Amiens, Peace of, 22
Anglo-Catholicism, 183
Antarctic Ocean, 18
Apostles' Creed, 173
Appellate Tribunal, 150
Armidale, 161
Ash, 51
Ashburton, 129
Auckland, 28
Australian Clergy Provident Fund,
156 f.
Australian College of Theology, 134,
157
Australian, The, 34
BADELEY, 68
Bain, Rev. J., 42
Ballarat, 90, 95, 128
Banks, Sir J., 17, 19, 21, 39
Bantam, 16
Baptism, 80 f., 98, 104
Barbados, 19
Baring, Sir F., 27
Barker, Bp., 105, 108 f., 148
Barnet, 43
Barrier Reef, 18
Barry, Bp., 91
Bass Straits, 126
Batavia, 16
Bathurst, 83, 171, 182, 186-189, 193
Bathurst, Earl of, 31, 59 ff.
Bathurst Plains, 25
Beaulieu, 49
Bedford, Rev. W., 43
Bendigo, 90, 186
Benson, Abp., 160
Bigge, 31, 43
Bill for the Gradual Abolition of
State Aid in N.S.W., 108
Bill for the Provisional Government
of British Settlements in the
Islands of New Zealand, 27 f .
Bill to provide for the Administra-
tion of Justice in New South
Wales and Van Dieman's
Land, 1828, 34
Bishop of Natal v. Gladstone Case,
*- 163, 1 66
Bishopric Endowment Act, 95
Blackall, S. W., 124
Blackstone, 29
Blaxland, G., 25
Bligh, Gvnr., 21 n., 22
Blomfield, Bp., 141
Blue Mountains, 25 f.
Bolton Percy, 51
Bombay, 57
Botany Bay, 18 f., 24
Bounty, The, 22
Bourke, Gvnr., 21 n., 26!, 34, 63,
139 f-
Boyce, Archdeacon, 169, 192
Brisbane, 37, 118-125, 161, 163,
189
315
INDEX
Brisbane, Sir T., 21 n., 34, 57, 59 ff.,
I3& f-. 139. 15. 161
Bromby, Bp., 153
Broome, 129
Brcmghton, Bp. W. G., 43 ff., 61,
63 1, 66, 68, 83, 103, 114, 174
Bunbwy, 127 ff., 131
Burdett-Coutts, Baroness, 53, 145
Burton, Sir W., 105
Butler, Dom 0., 23
CALCUTTA, 57-63, 69
Cambridge, 44, 47 f .
Canada, 19, 159
Canons of the General Synod, 163,
165, 175 f. ; see also Synods,
General
Canterbury, Eng., 43, 47, 51, 63, 65,
69 f., 113. "5*-. I22 m*
147, 160, 188
Cape of Good Hope, 16, 20, 62
Carnarvon, Earl of, 73
Carpentaria, 16, 125, 155
Cartwright, Rev. R., 43
Cathedral Churchs Act, 95
Cecil, R., 161
Central Committee, 171 f.
Ceylon, 58, 62
Chair, Sir Dudley de, 41
Charterhouse, 48
Church Acts Repealing Act, 1897
[N.S.W.], in
Church Assembly, 105
Church Missionary Society, 42, 48 n. ,
66 E., 144
Church of England Act, 1904 [Vic-
toria], 91
Church of England Constitutions
Act, 1858 [Tasmania], 115!
Church of England Constitution
Amendment Act, 1882 [Tas-
mania], 116
Church of England Constitution
Act, 1902 [N.S.W.], HI f.
Church of England Constitution
Amendment Act, 1903 [Tas-
mania], 117
Church of England Property Act,
i889[N.S.W.],.m
Church of England Trust Property
Incorporated Act of 1881
[N.S.W.], in
Church Society of New Zealand, 66
Church Standard, The, 184, 186
Clergy Appointment Act [Ballafat],
95
Clergy Widow and Orphans' Fund
Act [Ballarat], 95
Cohen, A., 161
Colenso Cases, 73
Collins, 19, 22
Colonial and Continental Church
Society, 144
Colonial Bishoprics' Fund, 141
Colonial Clergy Acts, 1874, 133 f.
Colonization Society, The, 26
Commission of 1819, 31, 43
Commonwealth of Australia, Act, 32
Conference of 1850, 75, 83!, 86,
98, 103, 114, 146
Conference of 1850, Decisions and
Opinions of, 78 ff .
Conference, Objects of, 78
Conference, Resolutions of, 78 ff .
Consensual Compact, 76, 97, 99,
106, 120, 126
Constitutional Act of the Diocesan
Synod of the Branch of the
Church of England in
Western Australia, 1872, 126
Constitutional Canons, 180
Constitutional Convention, 183,
187 ff.
Decisions of, 189 ff.
Convict Settlements, 19, 22 f.
Conditions in, 23'!.
Convocation, 92, 147
of 1662, 97
Cook, Capt. J., 17 f., 27
Corporate Trustees, 179
Council of Reference, 149
Cowper, Rev. W., 43, 77
Coxen, C. L., 123
Cross, Rev. J., 43
Cunningham, A., 25
DAMPIER, W., 17
Darling, Gvnr., 21 n., 25, 34
Davey, Col., 69
Davies, Archdeacon, 169
Determinations, 151-159, 163 ff.,
170, 174 ; see also under
Synods, General
Dillon, Capt., 20
Diocesan Assembly of South Aus-
tralia, 99
Diocesan Conference of Queensland,
119; of Sydney, 108!
Diocesan Conventions, 79, 86
Diocesan Synods : see Synods, Dio-
cesan
Dobson, W. L., 143
Draft Bill, 105 ff., no, 168, 172-
182, 183, 185, 188 f.
Durham, Lord, 35
Dutch, 1 6
EAST INDIA COMPANY, 22, 57, 61
East India House, 43
Ecclesiastical Courts Commission,
102
Edinburgh Review, The, 30
INDEX
317
Enabling Bill, 105-109, 193
Endeavour, The, 17
England, i8f., 44, 87 f., 100, 108,
in, 113, 121
Exeter, Bp., of 82
FARNHAM, 44
Federal Government, 38
First Conference of Victoria, 1851,86
First Licensing Act, 32
Foundation Day, 20
Franklin, Sir J., 50
Free Church of Scotland v. Overton,
163, 165
French, 17, 20, 22, 25
Fulton, Rev. H., 43
Fundamental Constitutions for the
United Church of England
and Ireland, 108
GARRARD, Rev. W., 43
Gasgoyne, 129
Geelong, 86
George III, 18 f.
Gipps, Sir G., 28
Gippsland, 194
Gladstone, The Rt. Hon. W. E., 52,
54, 87, 105, 141
Glenelg, Lord, 63
Gordon, A., 105
Gorham Judgment, 81, 98, 114
Goulbourn, 109 f., 153, 186 f.
Gould, Sir A., 169
Grafton, 161
Gray, Bp., of Cape Town, 72
Grey, Earl, 36, 48
Great Britain, 18, 24, 37, 65
Green, Bp., 92
Grose, Mjr., 21, 137
HARE, Miss, 33
Hare System, 33
Harmer, Bp., 128
Harrow, 47
Hartley Wespall, 44 '
Harvey, J. M., 161
Hassall, Rev. T./43
Hawkins, 53
Hay, Under-Secretary, 34
Head, Sir .,90
Henderson, K. T., 184
Hill, Rev. R., 43
Hobart Town, 22, 43, 69
Hobsqn, Capt., 28
Holland, Spencer, 102
Hope, Dr., 68
House of Bishops, 112, 188
House of Commons, 87
House of Representatives, 112
House of Lords, 87
Hovell, 25 .
Howley, Abp., 49, 51, 53
Hume, 25
Hunter, Gvnr., 19, 21, 55, 136 f.
Huskisson, 34
Hutchins, Rev, W., 50, 69
IMPERIAL ACTS, 33, 35 f., 84
India, 59, 61
Indian Ocean, 18
Inglis, Sir R., 67
Ireland, 18, 65, 88, 100, 108, 121
Isle of France, 62
Italy, 42, 52
JANSZOON, 16
Jenner, Bp. H. L., 74
Johnson, Rev. R., 20, 39 ff., 55 f.,,
61, 136!
Jones, Abp., 160
Judicial Committee of the Privy
Council, 108, 149, 167, 178,
r8i, 189
Juliana, The, 136
KALGOORLIE, 129 ff.
Keane, Rev. J. E., 43
Keble, Rev. John, 81
Kempe, A. B., 161
Kennion, Bp., 54
Kimberley, 129
King, Gvnr., 21 f.
King, Rev. G., 71
Knopwood, Rev. R., 43, 69
Knox, Sir A., 161
LABOUCHERE, Rt. Hon. H., 89 f.
Lambeth Conference, 119!, 155,
160, 179
of 1867, 91
of 1878, 99
- of 1920, 134
Lambeth Palace, 58
Lambeth Quadrilateral, 1888, 173
La Perouse, 20
Latwyche, Justice, 120 f.
Law Committee, 94
Legal Nexus, 158-167, 182
Legislative Assembly, 37
of New South Wales, 33, 109
of Queensland, 37
of South Australia, 101
Legislative Bill of 1854 [Victoria],87
of 1866 [N.S.W.], iiof.
Legislative Council, 37
of New South Wales, 33, 45, 50 f f ,
87
of Queensland, 37
Legislative Enactment, 76, 84, 120
Legislature, 87 f .
Leslie, 67
3i8
INDEX
Letters Patent, 57-74, 75, 83, 114,
122 1, 126, 140, 148, 161, 174
of 1813, 57 f.
of 1823, 58 ff.
of 1829, 61
of 1836 (Broughton's), 63-65
of 1841 (Selwyn's), 68 f.
of 1842, 69
Legal power of, 71-74
Liturgy, 80 f .
Llandaff, 48
Long, Bp., 182 f., 186-189, 193
Lowther Clarke, Bp., 91, 116
Luis Vaez de Torres, 16
Luther, Martin, 97
MACARTHUR, J., 22
Macquarie, Govnr., 21 n., 22, 26,
30, 56
Madras, 57, 61 ff.
Magellan, Straits of, 15
Maggiore, Lago, 52
Mann, W. G., 169!, 187, 192
Maoris, 27 f.
Marsden, Rev. S., 27, 41 f., 56, 58
Matra, 18
Mauritius, 16
Meares, Rev. M. W., 43
Melanchthon, 97
Melanesia, 51
Melbourne, 36, 46, 50, 70, 85 f., 91,
95, 105, 128, 150, 152, 161,
163
Synod of, 152 f.
Memorial to QueenVictoria, 1853, 99
Merriman v. Williams Case, 102,
162, 165 f.
Metropolitan Court of Appeal, 148
Micklem, Dr., 188
Middleton, Rev. G. A., 43
Middleton, Right Rev. T. F. , 57 f . ,61
Modernism, 183 f.
Molesworth, Sir W., 89
Montgomery, Bp., 116
Moor, H., 85!
Moreton Bay, 118
Morpeth, 49
Murray River, 25
NAPLES, 51
Napoleonic Wars, 25, 30, 61
Natal, Bishopric of, 74, 161
Nelson, Lord, 22
New Diocese Statute of Perth, 1903,
128
New Guinea, 15 f., 51, 125, 152, 155
New Holland, 62
New South Wales, 18, 24!, 31,
35 f., 40, 42-45, 49, 58 f-,
62 f., 71, 74, 103, 113, 118,
125, 144, 150, 193
New South Wales, Abolition of
State Aid in, 141
Archdeaconry established, 62
Bishopric established, 63
Church in, 103-113
Judicature Act of, 1823, 35
Original Constitution of, 29
New South Wales Advertiser, The,
, 140
New Zealand, 42, 66 f,, 69, 74, 76,
107 1, 121
Early History of, 16, 18, 27
Synod, 105
Association, The, 27 f.
Land Company, The, 28
Trust Act, The, 107
Church Society of, 66
Newcastle, 46 f., 49, 52, 70, 81,
103 1, 107, 109, 118
Resolutions, The, 109
Church Society, The, 104
Newman, Cardinal, 114
Nexus, see Legal Nexus
Nicene Creed, 173
Nixon, Bp., 50, 114
Norfolk Island, 24, 42
Norman, Rev. J., 183 f.
North Island, 27
North Queensland, Diocese of, 124
North- West Australia, Diocese of,
129,
ORBER in Council of 1786, 19, 137
of 1825, 33
of 1840, 25
Ordinances, 112, 163, 165, 174, 178 ;
see also under Synods
Oxford, 42, 51 f.
Oxford Movement, The, 76
Oxley, John, 25
PACIFIC, 16, 18, 22
Padbury, W., 128
Paige, T. H., 123
Palmer, A. H., 124
Pan-Anglican Synod of 1867, 147
Panama, 46
Paramatta, 42, 136
Parliamentary Committee of 1837,
24 f.
Parochial Church Schools Act, 95
Pearson, Bp., 49
Peden, Prof., 183, 188
Perry, 0., 47 f., 81, 83 f., 87, 89
Perth, 53, 126-134, 160, 168, 191,
194
Phillip, Capt. A., 19 f., 55 f., 135!.
Pilbarra, 129
Pohlman, 85
Polynesian Islands, 1 6
INDEX
319
Port Phillip, 22, 36, 50, 85 f. ; see
also Melbourne
Porteus, Bp., 39
Portland, Duke of, 137
Privy Council, 102, 108, 160, 162,
189 ; see also Judicial Com-
mittee
" Proposal for Establishment in
New South Wales," 18
Protestantism, 183, 185
Provincial Assembly, 91
Convention, 79
Synods ; see under Synods
Purbrick, P. C., 186, 193
Queen, The, 42
Queensland, 37, 118-125, *55.
RAM HEAD, 17
Ravensthorpe, 52, 97
Reddall, Rev. T., 43
" Report on the Affairs of British
North America," 35
Riley, Bp., 128
Robinson, Rev. H..A., 43
Rockhampton, 119, 125, 163
Roebourne, 129
Roebuck, The, 17
Ross, C., 192
Rules of the General Synod, 156 ;
see also under Synods
Russell, Lord John, 89.
SAINT AIDAN'S Theological College,
95
Constitution of, 95
Sandgate, 51
Santa Cruz, 20
Scott, Archdeacon T. H., 31, 42, 44,
5. 5 8 . 61
Searle, Rev. C., 119
Selwyn, Bishop, 49, 68 f., 77 f., 106
Seven Years' War, 17
Short, Bp., 52 ff., 97 ff.
Simeon, Rev. C., 47
" Sir Richard Bourke's Church
Act" (1836), 140
Sirius, The, 19
Sladen, 85 f .
Society for the Propagation of
Christian Knowledge, 40, 45,
53, n8n., 130, 141, 144!
Society for the Propagation of the
Gospel, 44 f., 50, n8n.,
130, 141, 144
South African Cases, 102
South Australia, 33, 35, 53, 76, 97-
102, 108, 126, 144 f -
Abolition of State Aid in, 141
South Australia Church Society, 98
South Island, 27
Spanish, 16
Special Tribunal of Draft Bill, 179
Spice Islands, 16
Squatters, The, 26
Staaten Land, 16
Stanley, Rt. Hon. E. G., 63
State Aid Commutation Act, 143
" Statistical Account of the British
Settlements in Australia, A,"
30
Status of the Church of England m
Australia and Tasmania, 166
Status of the Clergy, 1850 Con-
ference, 80
Stawell, W. F., 87, 150
Stephen, Bp., 154
Stephen, Sir A., 106
Straithfieldsaye, 44
Stresa, 52
Sumner, Abp., 87 f., 99, 105
Sumner's Bill, 87 fi., 99
"Supply, "The, 19
Supreme Court, m
of New South Wales, 32
Supreme Tribunal, 193
Suter, Bp. A. B., 74
Swan River, 35
Sydney, 24, 36, 43, 45, 70 f., 76, 81,
83, 103, 106-109, 114, 136,
146,153,161, 170^,183, 185 f.
Sydney Bill, The, 84
Sydney Bishopric and Church Pro-
Property Act, The, 1887, in
Sydney Conference of 1850, The ;
see Conference of 1850
Sydney Diocesan Conference of
1858, The, 105, 108 ff.
Sydney Conference of 1868,. The,
147 ff-
Sydney Cove, 20, 40
Sydney Gazette, The, 140
Sydney, The Dean of, 189
Sydney, Lord, 18, 20, 40
Synods :
In New Zealand, 105
In Queensland, 119-121, 125
In Tasmania, n6f.
The Diocesan, 76, 86, 93 ff.,
loo f., 106 1, 109, in f., 119,
129, 149-151. 154. 163 f.,
170!, 174, 178, 182, 185!
of Adelaide (The first), 100 f.
of New South Wales, 109
of Perth, 129
The Provincial, 91, 92, in, 154 f.,
160, 163, 174, 176!, 181
of Queensland, 125
of Victoria, 91
of New South Wales, no
of Western Australia, 127, 130,
132
320
INDEX
Synods, The General, 74, 134, 163,
171 f., 180 f., 183 ft., 187,
iSgf., 192
of 1872, 146-155
between 1872 and 1905, 155 ff .
of 1905, 160
of 1910, 161
of 1916, 168
of 1921, 170 f.
of 1926, 172 f
Canons of,- 163, 165, 175 f.
Committee appointed by, 1916,
i68ff.
Constitution of, 174 f,
Determinations of, '151-159,
163 ff., 170, 174
Powers of, 175 f.
Rules of, 156
TAHITI, 17
Tait, Abp., 160
Talbot, Dean, 189
Tasman, Abel, i6f., 27, 75
Tasmania, 16, 45, 50!, 59, 69 1,
114-117,128,141,143,160!,
164, 166, 188, 191, 194
Abolition of State Aid in, 141, 143
Taylor, H. M., 169
Taylor, Minton, 193
Terra Australis Nondum Cognita,
15
Thames, 19, 34
Therry, 23!, 142
Tomlin, Bp., 44
Torres Straits, 18, 20, 126
Townsville, 125
Tractarianism, 97
Transportation Act, 19
Tribunals, 178!
Trust Acts, 107
Tufnell, Dr. E. W., 118, 122, 124
Turner, Bp., 62
Turner, T., 89
Tyrrell, Bp., 47 n., 48, 78, 81, 103,
106, 109, 118, 152
ULLATHORNE, Bp., 23
Urquhart, Hon. D. C., 116
VAN DIEMAN, 1 6
Van Dieman's Land, 18, 20, 22, 24,
31, 33, 60, 62 f., 69 ; see also
Tasmania
Vanikoro, 20
Venn, Henry, 48
Victoria, 25, 33, 36, 49, 75, 81, 83,
96-105, 125, 150
Abolition of State Aid in, 141, 144
Church Constitution Act of 1853,
87 ff.; Amendments, 90 f.
Constitution of Province, 91 ff.
Virginia, 19
WADDELOW, Bp. S. R., 74
Waitangi, 28
Wake, Abp., 67
WakefieldjE. G.,26f.
Wangaratta, 90, 186
Wardell, Dr., 34
Wellington, 98
Wellington, Duke of, 43-46
Wentworth, 30, 34 f .
West Indies, 17, 46
Western Australia, 35, 53, 63, 126-
134, 144, 177
Abolition of State Aid in, 144
Western Port, 25
Westminster, 43, 49, 52, 54
Whitington, Archdeacon F.T., 97 n.,
100, 102 n., 103, 189
Wilberforce, 39, 41, 137
Wilkinson, Rev. F., 43
Wilton, Rev. 0. R. N., 43
YORK, 92, 122, 133, 188
Youl, Rev. J., 43
8
2- 12607
12607
UNIVERSITY OF CHICAGO
