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 r 1 1 !•; 
 
 Parish of Saixt Pail 
 
 ANI> TIIK 
 
 Mission Chapel 
 
 SAINT .lollN, N. I'. 
 J. tV: A. .McMii.i.AN. its I'kinc K Wii.ijam Stkkkt. 
 

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THE PARISH OF ST. PAUL 
 
 AND TlIK 
 
 MISSION CHAPEL. 
 
 TiiK lbllowin<^ is, it i.s helievod, a correct .<ttitcment of the facts 
 connected with the recent erection of a so-called "extra parochial" 
 or "proprietary" Chapel, claiming connection with the Church of 
 Enirland, within tin; limits of the ecclesinstical i)arish of Saint I'anl, 
 Portland; contrary to the exj)resse(i dissent and protest of the Keo- 
 tor and the Church Corporation. 
 
 The district included in the present i)arish of Saint Paul formed 
 a i)art of the parish of Portland until ]X'){\ The Church which 
 formerly stood upon the site now occupied hy the present Church 
 l)uildin<;, was erected about the year 184"), as a Chapel of ease to St. 
 Luke's Church, Portland. The land was conveyed by the late Chief 
 Justice Chipman to the Rector, Church Wardens and Vestry of St. 
 Luke's Church ; and until, with their consent, the parish of Saint 
 Paul was set off. Saint Paul's Cha})el continued to occui)y the 
 position of a Chapel of ease ; and its services were under the control 
 of the Hector of Saint Luke's Church, Portland. 
 
 The ])arish of Saint Paul was established by Act of Assembly 
 in l^.")!), ( 11) Vic. Cap. r)0,) which j)rovided "that from and after 
 the second ^[onday in May in the present year,, that part of the 
 parish of Portland in the County of Saint John, which lies to the 
 eastward of a line drawn along the centre of the street passing 
 over the Mill Jiridge, and extending northwardly to the Kennebe- 
 casis liiver, sluill be, and th(; .same is hereby declared to be a separate 
 and distinct parish, for all purpose's Ecclesiastical or relating to the 
 Church of England, by the name of" the Parish of Saint Paul;" — 
 and further, that " all antl every the clauses, enactments, and provi- 
 sions of Title xxviii, Chapter 107 of the Revised Statutes "Of the 
 Church of England " shall extend ... to the said Parish of Saint 
 Paul, erected by this act, as fully and efieotually as if, . . . herein 
 specially . . . enacted." 
 
 The subsequent history of the parish is well known; how, first 
 under the Rectorship of the lamented Canon Lee, and since, under 
 the charge of its present Rector, it has ever been a main stay and 
 strong-hold of the Church, foremost in every good work, and ready 
 to help on alike the general work of the Diocese, and every effort 
 which could promote the true interests of the Church of England 
 within the parochial limits which it included. 
 
m 
 
 
 
 
 
 In tlu! Diocesan Cliurcli Society the pnrisli of Saint Paul has 
 ever taken a wann and active interest. From the lirst it enterei! 
 heartily into the iorination of tiie Diocesan Synod, sending; its dele- 
 jijates to the voluntary assenihly, until at last all the parishes of the 
 Diocese were happily included in tlu' incorj)orated Synod in 1<S71. A 
 (H)ninioilious school-house was huilt: the old Church was removed, 
 and the present handsonie edifice erected in its place. And here, 
 time and a<rain, have the assend)led churclnnen of the Diocese hcen 
 heartilv welconu>d : nor has its friendlv shelter ever been refused, 
 when asked for the memhers of the Synod or the (.'hurch Society at 
 their yearly ^atherin<;s, or i'or services in connection with the 
 various associations heli)in<r on the Church's work. 
 
 Some i'our years since the services of a Curate were engaged to 
 Jissist the Rector, who had previously condu(;ted his parish work 
 alone. The choice made met at once with a general approval, 
 which has never hcen withdrawn. The number of Sunday-school 
 scholars has increased nearly three-fold, and visitations, especially 
 among the j)oor, have been more frequently and extensively made 
 both by the Clergy and Sunday-school teachers. The daily services 
 already established were maintained with an increased attendance. 
 Services had long been [)rovided on the Holy days of the Church 
 calendar. Weekly administrations of the Holy Conimunion, which 
 had been established at the time of the consecration of the })resent 
 Church in 1.S71, were continued ; and early and even choral celebra- 
 tions were established, to meet the wishes of those by whom they were 
 preferred. 
 
 Ornaments of the Church, within tlie limits of the law, were 
 received and welcomed. Stained glass windows j)icturing prophets 
 and apostles, parables, miracles, the crucifixion and the resurrection 
 of our Lord ; floral decorations ; moveable crosses, and other emblems, 
 were not objected to. No lawful change of ritual which could sol- 
 emnize or assist the services, was disregarded. The use of nuisi(! was 
 increased ; rising at the offertory, and other minor customs not at 
 one time followed, were adopted ; and the tastes and wishes of the 
 small but busy section of parishioners who were forward in urging 
 on further changes were consulted, until their claims, enforced in one 
 instance by the resignation of several members of the Choir, reached 
 a point when they conflicted with the laws and rubrics of the Church 
 at large. 
 
 Thus matteri stood when, early in 1881, it became known that 
 a movement was on foot for the establishment of an independent 
 Chapel or Mission by some of those whose inclinations were still 
 ungratified. It was stated that a lady, then an attendant of Saint 
 Paul's Church, who has since, it is believed, entered an P^nglish 
 Sisterhood, had consented to give a sum of $10,000 for the erection 
 of an independent Mission Chapel in some part either of the City of 
 St. John on the eastern side of the harbour, or of Portland ; that 
 various Rectors had been applied to, to permit such erection in one 
 
I 
 
 ' Suiiit ran I lias 
 • lirst it cntorod 
 
 S('ll(lili;r its (Iclc- 
 
 c parishes of the 
 ynod in 1,S71. A 
 eh was roniovcd, 
 liico. And licrc. 
 the Diocrsc Ixm 
 or Ix'cn ivliiscd, 
 'linrch Society at 
 K'ction with the 
 
 wore engaged to 
 his parish work 
 L'neral approval, 
 >t' Siiiuhiy-school 
 lit ions, especial ly 
 'xlensively made 
 hi) daily services 
 used attendance. 
 •s of the ( 'linrch 
 ninuinion, which 
 n of the })resent 
 n choral celehra- 
 whoni they were 
 
 >f the law, were 
 ;turing prophets 
 
 the resurrection 
 1 other emblems, 
 which could sol- 
 use of music was 
 
 customs not at 
 nd wishes of the 
 ward in urging 
 , enforced in one 
 3 Choir, reached 
 3S of the Church 
 
 I 
 
 me known that 
 !in independent 
 tions were still 
 aidant of Saint 
 •ed an f^nglish 
 for the erection 
 sr of the C'ity of 
 Portland ; that 
 erection in one 
 
 I 
 
 8 
 
 i)T otiicr of their parishes; and that all had refused" ennsc'ut; one 
 suggesting, if real work was inti'nded, a much needed waterside 
 Mission to seamen, under j)roper control ; another stating his 
 opinion that the certain evils of the projxised movement must far 
 outweigh any pos>*ible benelits it could, under any circumstances, 
 confer. 
 
 The movement was still unlocalised, but at length, in April or 
 May, articles apj)eared in the City news|)apers stating that a ritual- 
 istic place of Worship was to hv erected on a site on Paradise Kow. 
 within the limits of the ecclesiastical i)arish of Saint Paul, and distant 
 about six hundred yards from th(! parish Church. In one of these 
 articles it was state*! that it was proposed to dispense with a Vestry, 
 and to have the Church managed directly through the Jiislioj). 
 
 In these and other publicjitions, expressions have been used 
 tending to associate the Ritualists with the High Church School in 
 till' Church of ICngland. It may be said here, once ibr all, that this 
 is unl'air and unjust. The historic High Church School has always 
 existed in the Mother Church. It has been marked by a dutiful 
 obedience to her ways and laws, in their plain interj)retation, t(» 
 which the Ritualists do not aspire. The distinction is perhaps as 
 marked as that betwecMi Low Churchmen and the congregations 
 comprising the Reformed I"]i)iscopal Church. Between the latter 
 extreme and its ritualistic opposite, there is however this marked 
 distinction : — that the Reformetl Episcoi)al ci)ngregations have 
 honestly retired from the Church of ICngland, and givi-n up its 
 prestige and its emoluments; while the Ritualists cling to its name, 
 though they ignore its rubrics; and hope to foster their cause by 
 courting prosecutions, and even imj)risonment, — voluntary, on their 
 part, since it can at once be avoided by their ceasing to claim con- 
 necticjn with a body with which they cannot act in concert ; working 
 on in their own way, and leaving the grand old Church of England 
 in peace to do the same. 
 
 On the appearance of the public statement that a Cha])el, man- 
 aged directly through the Bishop, was to be erected in the parish 
 of Saint Paul, the Vestry was at once convened. After careful delib- 
 eration, a respectful and solenui protest (a copy of which is annexed 
 hereto; see Appendix A.) was adopted by a unanimous vote; and 
 a copy, signed by tlx; Rector, and properly certified by the authori- 
 ties of the parish, was sent to the Lord Bishop of the Diocese and 
 Metropolitan of Canada, for his consideration. Its receipt was ac- 
 knowledged by his Lordship; but the building of the Chapel was 
 continued. It was completed, and, early in tlie present year, it was 
 opened, under authority, it i.s asserted, of the Bishop's licence, and 
 in charge of the Rev. John M. Davenport, who, on his arrival from 
 England, was, it is understood, licensed by the Metropolitan to per- 
 form services in the Chapel in question. 
 
 On Mr. Davenport's arrival, a copy of the protest of the Rector 
 and Church Corporation of the jjarish of St. Paul was handed to 
 
M 
 
 liiiit ; ii«)t\vitlistai>(liii;i: wliich, lie has oondiictcd tlio services in the 
 Mission ('Impel, and no pains have been spared t(» ^jjather within its 
 walls a eonijrej^ation, drawn from the surroundin;^' |)arish Chnrelu's, 
 and sueh other sonrces as were available. 
 
 Later, it has been understood that the Deanery <>t' Saint John 
 hnvo declined to admit Mr. Davenport as a iniMnber of the Deanery 
 until the (juestion of the validity of his licence should be determined. 
 
 And lastly, <»i the first of April, 1.S82, there was recorded in the 
 Kegistry Office of St. .John, a {\w(\ dated the 2"ind day of Aujfust, 
 IMHI, convoyinj^, in consideration of 810,000, the land upon which 
 the Mission ('hapel stands, subject to an already existintr mortL''a;:e 
 for S2000. No declaration of trust either is contained in the deed, or 
 was registered with it. The conveyance is to five persons "as joint 
 " tenants and not as tenants in common, to the only i)roper use, 
 " benefit, and behoof of the said parties hereto of the .second part, 
 " their heirs and assigns, in manner aforesaid, forever." It was reg- 
 istered apparently to give validity to a second mortgage which next 
 appears, made by four out of the five holders of the property, and 
 securing upon it the .sum of $1500, re})ayal)le in three years with 
 interest. 
 
 It is important that the law bearing on these facts should be 
 considered. 
 
 1. Tlie i)arochial system of the Church of p]ngland has been 
 ascribed to Archbishop Ilonorius, about the year iV.Ki, but it seems 
 rather tode})end for its origin U})on ancient and immemorial custom.* 
 The system was settled by degrees, !• but once determined, the very 
 constitution of a parish in England imj)lied an exclusive control of 
 ecclesiastical affairs by the incundx-nt within his parochial district. 
 " A parish," says Mr. Crip})s, " is that circuit of ground which is 
 committed to the charge of one parson or vicar, t)r other minister 
 having cure of souls therein." I" 
 
 2. The rules of law ap})lical)le to the parochial systerii are to be ' 
 found in the ecclesiastical law of England. This is not the so-called 
 canon law of Europe. i:^ There is a common law ecclesiastical ; and 
 this common law has been added to, from time to time, by ecclesi- 
 astical canons or constitutions; and also by the legislature of the 
 realm, with the Church's exjjressed or implied consent. And this 
 common law' ecclesiastical, with such additions or changes as have 
 thus been duly made, forms the system of ecclesiastical law- which 
 now governs the English Church. |1 Her connnon, called for distinc- 
 tion her " unwritten " law, though no longer in point of fact unre- 
 corded; and the various canons and statutes now in force, are contained 
 in the works of her ecclesiastical writers, Lyndwood, Bishop Gibson, 
 Burn, Stephens, Cripps, Philliniore, and others. With them certain 
 
 * liurn, l^ec'lcsiastical Law, ninth edn., vol. 3, p. 74. 
 tHoH'iuan, J>a\v of the I'rolestant l';pisco|)iil Ciuireh, p. 22(). 
 JCriiips, Laws of the Church and Clergy, fifth edition, p. 424. 
 j) I'hilliniore, I'^elesiastical l^aw, vol. 1, p. 11). 
 |i I'hilliuiore, vol. 1, pp. 18, I'J. 
 
I 
 
 1' services in the 
 ;atli(r witliin its 
 parisli Churclies, 
 
 rv (.f Siiint John 
 
 V (»!' the Deanery 
 
 <1 he (h'terniined. 
 
 recorded in the 
 
 1 <hiy of Aii<,nist, 
 
 and upon which 
 
 xistin<i: inortira^re 
 
 ed in the dei'd, or 
 
 persons "as joint 
 
 only j)r()j)er use, 
 
 the second part, 
 
 I'r." It was reg- 
 
 <,aige whicii next 
 
 he property, and 
 
 tliroe years with 
 
 facts sliould be 
 
 ighmd has been 
 )''i6, but it seems 
 eniorial custom.* 
 rmined, the very 
 ;lusive control of 
 arochial district, 
 ground whicli is 
 r other minister 
 
 systerii are to be 
 not the so-called 
 L'lesiastical ; and 
 time, by ecclesi- 
 gislature of the 
 isent. And this 
 changes as have 
 jtical law- which 
 ailed for distinc- 
 int of fact unre- 
 ce, are contained 
 Bishop Gibson, 
 ith them certain 
 
 rules of the general canon law are interwoven. These rides were 
 |)rin('ipally introduced, tuid ('(tiisidci'ably inodilicd in their iutrodue- 
 tion, through the medium of provincial con.-titntions, pa.— ed by tin? 
 authority ol'tlie Metn^politans of I')ngland.''' Melure the n-fonniition 
 these constitutions, • (»r as they ji re now generally termed, canons, i 
 receivi'd their la>l confirmation I'roni the .Metropolitan, who also had 
 lull power to publish and pronmlge them.i' A statute of Henry Sth 
 provide<l that no constitutions slmuld be thereal'ter eii.ieted or pro- 
 nuiiged, witboui llu' King's assent.:; 
 
 .'>. It would be diHieult to tind a more perfect consensu?! ol' 
 authority on any point )f law, than that existing in the works upon 
 the ecclesiastical law of ICngland, with regard to the connnoii law 
 rights of the Rector within his parish. "The mini>ter of the parish," 
 says Mr. Cripps, *' has the same eeelesiastieal rights out of his 
 ■ " (Jluirch as in it, and through(»ut his whole parish." >; The iJishop 
 cannot grant a licence to officiate in a j)i-oprietary or unconseerated 
 Chapel without the consent ol' the IJector or N'icar of tlu- parish, " for 
 " tlu' cure of souls belongs exclusively to llu' Hector or N'iear." ll 
 "There is," says Sir Robert IMiillimore, "no general pi-inciple of 
 ecclesiastical law more firmlv established than this; that it is jiot 
 coiiipetent to any clergyman to olHciate in any Church or Chapel 
 witliin the the limits of a parish without the consent of the incum- 
 bent." ** Unconseerated proprietary Chapels are anomalies unknown 
 to the ecclesiastical constitution of this Kingdom, and can posse.ss no 
 |)arochial rights, tj" And again, this learned .Jurist cites the opinion 
 of Dr. Lushington, .{;;}; as follows: 
 
 " 1 need not say the ancient canon law of this country knew 
 nothing of proprietary C'hapels or unconseerated Chaju'ls at all. 
 The necessity of the times, and the want of acc(jnuno(latioii in 
 the Churches and Chapels in the Metri)[)olis and otlu'r large 
 towns, gave rise to the erection of Chapels of this kind, and 
 to the licensing of ministers of the Church of iMigland to i)er- 
 form duty therein. The licence emaiuites from his \the l)isho[)'s) 
 episcopal authority ; he could not however grant such a lict^nce 
 without the consent of the Rector or Vicar of the parish." <^>^ And it 
 was added, that the J-Jishop might revoke such licence whenever he 
 . thought fit, according to a discretion not exiiminable by the ludesi- 
 astical .Judge; and that it was not in the power of the Bishop to 
 estop himself from such a remedy, or to confer a permanent right 
 against himself 1 And in a recent case it has been helil by the 
 Court of Arches, not only that the Bishop could not grant a licence 
 
 '* IMiillimore, vol. 1, p. Ki. 
 
 tS'M' (;il).s()i), Syiioihis, ]). ins. Hook, Lives of Arclibishops of (.'aiiterlmry, vol..'! p. ISl. 
 
 iliilison, ( (kU'x, vol. 1, ]}. xxviii. 
 
 |('ri|)ps, Laws of tlio Cliurcli and Clergy, p. Ifi-t. 
 
 II Cniips, p. 17(>. 
 **l'liillmiore, vol 2, p. IL^L 
 ttl'liilliniore, vr)l. '.', p. lis:!. 
 11: llocti.son c.v. Killoii, 2 Curteis, .-iS.s. 
 ^^IMiilliniore, vol. 2. \> ll,s;{. 
 i[ Fliilliuutre, vol. 2, pp. 1183-4. Cripps, pp. 17G-7. 
 
 ill 
 

 
 ^ 
 
 'X'' 
 
 •-7^- 
 
 
 
 
 
 g": 
 
 to u clerk to ofKciatc in llic parish of aiiotluT without the coiisont ol 
 the iiK'Hiiihriit of the parish, hut, further, that, ii|toii the av(»i(hiii('c 
 of thi- hciicrirc hy the liicumhciit who ha<l i^ivcii his cousciit, any 
 succ'i'cdiii^^ iiicumhi'iit could siiiuify his dissent t<t the lieeuee and 
 prevent the clerk from oHicialinu' under u/' 
 
 The law with respect ttt ("hapelsof Ilase is the same. In the 
 case of a Chapel of ICase within the parish, Ahhott, ('. .1., says : ; 
 " It appears to me that no person can have a ri;:ht to com])el the 
 " Vicar of the parish to allow anolher, although licensed hy the 
 ** Jiishop, to iiljiciate in u public ('haj)cl, erected ior th" ease of the 
 " iuhahitants <if a portion of the |)ai-isli, and that no such person can 
 " oHiciate without the consent of the Vicar." And the words of Mr. 
 .lusiice Uayley, in hi< judtiinent in the same case, are most decisive. 
 '* My opinion," he says,;; " is founded upon this ;;'encnil position, that 
 " you have no riuht, without the concurrence of the patron and incum- 
 " bent, to interfere eithi'r with the temporal rights or spiritual ohli 
 "«;ations of the \'icar. it has heen conceded, that if you were to 
 " interfere with the temporal rights of the Vicar, the claim of a rimhl 
 " of nomination, as resultiiiu' from tlu' endowinent, could not !»' sup- 
 " j)orted ; hut it was ar_i:ue<l, that its interference with the spiritual 
 " oliliLiations of the Vicar did not stand upon the same looting. It 
 "api»ears to me, that, if the Vicar has tlu; cure of souls co-extensive 
 "with the whole limits of his jtarish, that casts a very serious and 
 " important duty upon him ; and he has a riuht and is hound, as the 
 " CO user I'd I or piirochlic, to take care that no person shall deliver 
 "doctrine in that parish except under his sanction and authority. 
 " It is said that the IJisho}) will never appoint an unfit person ; but if 
 " the Vicar has the cure of souls in the parish he has a rii^ht to act 
 "on his own judninent, and is not bt)und to trust to the judgment 
 "of the Ordinary." i? 
 
 And a<j:ain, the law resj)ectinj^ chapels is thus defined by Sir 
 John Nicholl :|| "I conceive that, by the general law and the constitu- 
 ' tions of the Church of Kngland, no ])erson has a right to erect a 
 " new })ul)lic Chapel, forming part of the ecclesiastical establishment 
 " of the Church of England, whether as a Chapel of Ease or other- 
 " wise, without the concurrent consent of incumbent, patron, and 
 
 " ordinary The principles on which the consent of all 
 
 " these parties is recjuired are obvious. The consent of the ordinary 
 "is necessary, as the general guardian of the interests and order of 
 
 *Iii tins case, deriilod in 1H71, (HiclKirds i:t. Finclior, I.. R. 4 .Adtn. & T>cl., i>") - 2 Phil, 
 addenda, p. I'.i) Sir It I'liilliiuori', in lii« jiid^'iiicnt, says : "Tlio law is [lerfrctly clrar upon 
 tlirei' points applicaliji' to liiis case. I''ifst, that tlie IHsliop lias no authority wliatever over 
 any niK'Dnsi'cratid proprietary chapel. Secondly, that no clerk in Holy Orders can leirally 
 niinistrr therein without the licence of the Hisliop, which is not, as is sometimes car.'lcssly 
 said, a licensiii},' of the jilace, l)ut a licensing of the clerk to perform Divine service in that 
 place. Thirdly, that it is not competent to the Ui.sliop to grant such a licence without tlie 
 i)revious consent of the iiuinnhent." 
 
 fFarnwoitli rx. Bishop of Chester, 4 B. & C, •'itVJ. 
 
 14 15. <%('., .")ro. 
 
 {>("rii)ps, pp. l(i('i-7, 
 
 I; liliss cv. Woods, .i ilagg, 509. 
 
liDtlt the coMscnt ol' 
 
 ipnii flic avoidiiiicc 
 
 en Ills ('(nisciit, any 
 
 In the licence and 
 
 tlie satne. In tli<' 
 l)l>t>tt, ('..I., says : ■'< 
 \'^h\ to c()ni])el the 
 ^\\ licensed hv the 
 
 lor the easi' {){' the 
 no siicli jMi'son can 
 id the words of Mr. 
 , are most (h'cisivt'. 
 neral |>osition, that 
 'patronand incnni- 
 ts or spiritual ohii 
 'hat il'yoii were t(» 
 he chiini ol'a riiiht 
 , couhl not he sup- 
 
 with the spiritual 
 ■ same lootinj;. It 
 'souls oo-extensivc 
 I very serious and 
 nd is hound, as the 
 
 son shall deliver 
 
 )n and authority, 
 nfit person ; hiltif 
 
 has a ri«,dit to act 
 to the judgr'ient 
 
 lus defined hy Sir 
 ivand the constitu- 
 a rijrht to erect a 
 ical establishment 
 of Ease; or other- 
 bent, patron, and 
 he consent of all 
 tit of the ordinary 
 rests and order of 
 
 in. it i;ccl., lTm - 2 Phil. 
 
 is (iiTtVctly (liar upon 
 iitliorily whiiKn'er over 
 Holy Orders ciiii leu'ally 
 
 is .soiiuitiines c'lr.'lcssly 
 1 Divine .service in tliut 
 ;li a lluence witliout the 
 
 '• the Church, and as tiie conservator of its constituted establishment. 
 "The patron is a party, bec;iu>e the rights and value i>l' his patmn- 
 "aL!i' may be all'ected. The incumbent iiimseli' i- >iill more ini- 
 " mediately atlecti'd, both in his pastoral duties and his |teeuiiiary 
 " ri;:hts, both of which are committed to him when instilutcil and 
 "inducted. If chapels can be erected, and ministers be placed 
 "in thi'in at the nomination of others, not <iiily will it deprive the 
 " incumbent of the means of direcliiin' the >piiiliial instrnclion of 
 "his parishioners, which has been entrusti'd to him, and which he 
 "has solemnly undertaken; not only will it |)roduce schi.-ms and 
 "dissensions, and thereby exert an injurious inlliieiice upon the 
 "religious principles of the i)ari.>h ; but it mu.-t almost necessarily 
 "alli'ct, in some decree, the enioluim'nts uf the benelice, as wi;ll 
 "as the pastoral duties of the incumbent." '■ 
 
 4. It will have been noticed that the riuht of di.- t extends 
 |)eyond the Kect(»r or Incumbent, and may als(» be cxc rci, i 1 by the 
 |)atron of the living. And in the State of New York, wh"re the law 
 governing tlii' Protestant J^piscopal Church is in : lany respects 
 eimilar to that of the Church of ICngland in New iJinnswicU, .fi ,lge 
 llolfman states :l.it the \'estry answer to the patron in i iigland, 
 patronag<' and advowson having been ex]>re.<sly conferred upon 
 tlu'in. "j" i iiis claim is streiigtheneil in New lirunswi<'k by the terms 
 pf the enactments of the Pi'ovincial Legislature respecmig the 
 Church of I'^ngland ; which evi<lently contemplate that tlu' N'estry or 
 Church Corporation in each parish shall, subject to the rights of the 
 licctor, be the principal jiarochial authority, so far as the members 
 of the Church of Eimland are concenu'd. It mav therefore be rea- 
 gonably claimed that, besides the lvect(jr's right of dissent, a sin liar 
 right exists in the Church Cor[)oration of each parish, and may be 
 exercised by them. X 
 
 "). Iveference has been made to the mischief which an intcrfcr- 
 t'lice with parochial rights will produce. The (pieslion, it must be 
 remembered, is one exclusively ri'lating to the members of the 
 Church of England. Other (K'nominations are not interfered with. 
 Each is I'ree to conduct its own .'Services in any manner it may think 
 l)roper. And each individual, tigain, is free to unite tor j)urposes 
 of ])ublic or private worshi}) with any other person or ])erst)ns, as he 
 may deem best. But he cannot, in reason, unite himself, or continue 
 in union with any religious body, already constituted, unless he ob- 
 serves its laws. And each of the bculies, so constituted, has its own. 
 For her own purposes, the Church of England in New Bruns- 
 wick parcels out the i)rovince into parochial districts. In each, 
 
 *Slei)lien, Laws relating to the Clernv, vol. 1, pp. 25;!, J ; and sec also Ciibson, C'odex.Vol. 1, 
 |)p. l.S,s, l,s«,», (see. vii.) 211 ; lliirn. Vol. 1,'p. :!Oii; ( rii)i)s, pp. 4(14, ."). 7; riiilliniorc, Vol. l,p. :U0, 
 Vol. 2, pp. I1,S2, l,s;i;! ; Jlollniaii, Law olCliureli, pp. 2;!0, 2;il, 2;i(;, Keel. Law In N. V., [). :}•"). 
 
 t I'xelesia.stieal Law in N. Y., p. ;!."». 
 
 tThc building of a new church or chapel in any i)arish may he hindered, not only bv the 
 IMshop, but also hv any other j)ersou who conceives himself to be injured by it. Gibson, 
 Codex, Vol, 1, p. 188. 
 
8 
 
 
 U; 
 
 
 •i: 
 
 
 
 ■-H 
 
 ■> 
 
 
 ulici'i' ji sufliciciit coiinri'^atioii can \)v uathcrcd, slir j)la('i's a luH'tot 
 or Iiicunilx'iit, llu^ "' cm-nfoj- jxintch'nr'" hound to uiiard tlu; do('trin( 
 iK'livfiHMl in proli's.scd connection with the ("hnrch. charucd to seek 
 out her nienil)ers. resiixiisihh' within his parish lor the Church'^ 
 Work. It is hi'r ohUm*, and, until she I'orsaUes the parochial tor tin 
 eouLn'eiiational system, it must i-eniain her law. And while this i> 
 so, it cannot he in the power of" any nuini)er of jjcrsons, continuin;' 
 in her inenihership, to depart from it ; to erect, contrary to tip 
 proti'st of ihe Hector and the ("hnrch ( "oi'jioration of any |)arish, ;, 
 chajH'!, heariuLi' the name of the Church of JOnuland, within it- 
 limits; to conduct services over which the Kector has no control 
 To do so is to ahandon the system of tlu' Church of I-jiu'land. Tli. 
 tendency is to suhstiiute anarchy for ordi>r, and discord lor harnion\ 
 and peac(\ Tlu^ evil is no n(>w one. A constitution of Archhisho] 
 Stratford," so far hack as l-'U'i, recites that priests, hoth regular am 
 secular, hy celehratinn' divine offices in ]>rivate oratories (U* chajx'l.v 
 or unconsecrated houses, caused "ureat danu'cr to souls hy drawin;: 
 " j)arishioners tVoni their parish churches, and so deprivinu- them o: 
 "those wiiolesome instructions which they used there to receive,"— 
 and ])rovides that all licence irranted hy the r)ishoi)s for unconse- 
 crated j)Iaces, other than to u'reat and nohl(> men dwelling' in plac(\> 
 ^•ri'atly distant from their parish churches, or notoriou.-ly sickly ami 
 iniirm, shall he null and of no force. This canon is still recounizi'ii 
 as a part of the icclesiastical law of ICntiland. Under its jirovision- 
 tlu'u, as well as hy the common law of thi' church, the Hishoj)"- 
 licence in such a case is nuiiatory and void."!' 
 
 (). The rules of law aitplicable to the or_u:anize(l colonial Dioceso^ 
 of the Church of J*]nu'land are now ch'arly ascertaini'd. The mem- 
 hers of the Church of ]On<rland in those Dioceses reci'ive her system 
 and her laws. They occu])y, it is true, a[)art from local legislation, 
 no hetter position in {\\v ev(>s of the law than anv other reliuiou> 
 hody; hut they ()ccu])y also no worse. And, as other religious bodies 
 acce[>t the princii)les and the systi'm of the comnuinions from whicli 
 thev have sprung or are derived, so does the Churi'h of l"]uglan(l 
 ill the colonial dependencies of (treat Jiritain, accept as a part of her 
 constitution, as indeed its very ground work and support, the laws ami 
 (liscij)line, so far as applicahle to colonial conditions, of the Mother 
 Church. The di'tails of the system thus accepted may be varied bv 
 subsiHpient canons of synods, or acts of the local legislature, passed 
 witii the Church's express or implii'd ass(>nt. l)Ut this very h>gis 
 lation is based on the existence of j)rior laws, which must indeed hi 
 frequently referred to, to illustrate its pi-ovisions, and explain tlu 
 terms it employs. 
 
 The following authorities may be briefly stated. "The Churcl 
 "of J'jigland, in i)laci's where thi>ri> is no Church established h_\ 
 
 *Lviui\v(ioil, |), 'j:;;!. .Inlmsoii, Cunous, pari 'J, p. :'>(ii); uiul tioe liiirn, vol. 1, jip. '-".'0-" 
 I'liilliiiiorc, vol. J, iiji. ISJI-'J. 
 
 t !Seo Cripps, p, 17(1, n. 
 
 ■^ 
 
I 
 
 9 
 
 1, she places a luH'tur 
 <) ^iiai'd till' (loctriih 
 irch. ('haru'cd to si'ck 
 sh for till' ('luirciiV 
 tlio parochial for tin 
 •. Aim! Avliiic this i> 
 
 |)crsoiis, coDtimiiiiL' 
 
 (H't, contrary to tin 
 
 tion of any i)ari>h, i 
 
 J'^nti'land, within il- 
 
 ctoi" has no control 
 
 h of Knoland. Th, 
 
 discord for harniom 
 
 ution of Archl)isho| 
 
 sts, both regular an( 
 
 oratories or clia])('l> 
 
 to souls hy drawing: 
 
 ■;o dcprivinu' thcni o' 
 
 there to I'eceive,"— 
 l)ishops for uncons(- 
 Ml dwelling;' in place 
 otoriousiy sickly am; 
 on is still recouni/.eii 
 Under its provision^ 
 'hurch, the JJishopV 
 
 zed ooU)nial Diocese- 
 rtained. The nieni- 
 s receive her system 
 oni local leo-ishition, 
 
 any other reliu'iou> 
 )ther religious bodie- 
 nuinions from whicl; 
 , 'hurch of lOng-Jand 
 'cej)t as a part of liei 
 -upport, the laws and 
 tions, of the Mother 
 m\ may be varied bv 
 d leu'islature, passec 
 
 JUit this very legi^- 
 hich must indeed hi 
 ms, and explain tlu 
 
 ited. " The (Muircl 
 urch established b\ 
 
 00 liiirn, vol. 1, jip. '2M-' 
 
 "law, is in the same situation with any other reliirious body, — 
 "in no bet'er but in no worse position; and the members may 
 "adopt, as the menil)ers of any other communion may adopt, rul(>s 
 " for enforcini": discij)line within their body, which will be bindini; 
 "on those who expre.-sly or l)y inii)lication have assented to tliem.'"* 
 "If a class of persons in one of the dej)en(lencies of tlu' Enu'li>h 
 ^* Crown, havinjjj an established legislature, should found a Church 
 " callini( themsidves menibers of the Church of JCnuland, they would 
 "be members of tiie Church of Kntrhuid — they would be bound 
 "by its doctrines, its ordinances, its rules and its disci])line, and 
 " oliedience to them would be enforced by the civil tribunals of 
 
 "the colony over such persons If certain jiersons constitute 
 
 " themselves a voluntary association in any colony as members of 
 "the Church of KnglantI, then, as I apprehend, they are strictly 
 "brethren and members of that Church, tliou<:h severed by a ureat 
 "distance from their native Coinitry and their parent Chui-ch. 
 " Thev are bound bv the same doctrines, the same :'ules, ordinances 
 "and discipline. If any recourse should nei'ds be had to the civil 
 "tribunals, the (]uestions at issue must be tried by the sanu' ruK's of 
 "law which would j)revail if the (juestion were tried in Kn<iland — 
 " with this exception only, that the tribunal would probably be 
 "diti'erent, and that, as the statutes which constitute certain ecclesi- 
 " astical tribunals in England do not extend to the colonies, the 
 " (|uestion would have to be determined by the ordinary civil courts 
 " which administer justice in the colonies."! 
 
 While then, apart from the terms of the Charter or Koyal 
 Instructions, under authority of which a colony may be consti- 
 tuted, the ecclesiastical law of England is not a necessary part 
 of the law which the settlers carrv with them from the Mother 
 Country ; it nevertheless, and even in the absence of any ri'fer- 
 euce to the Church of England in such Charter or Instructions, 
 becomes the law applicable to and governing the members of 
 the Church of England, so soon as those of them who are among 
 the colonists have associated themselves together in her name. In 
 New Brunswick, indeed, the Church ol' England may be said to 
 have been in a s(Mise established as regards her own nienibt'rs. I'ut, 
 even apart from this, they accei)ted, and are in general l)ound by 
 the ec(desiastical law of the Mother Church, while they contiiuu' 
 in its communion ; although from the foundation of the Province 
 there has existed for all j)ers()ns whomsoever a liberty of conscience 
 in matters of religion; and there is now a perfect tolei'ation ami 
 equality in the eyes of the law, of all religious bodies whatever. 
 
 The like j)rincii)les have long been recogni/ed as governing the 
 Protestant E])iscopal Church in the United States of America, 
 
 * l.oiiK r.v. ltislioi> ofCiiiH'town, 1 Mod. P. C. N. S. 4ul. I'liillinioro, vol. 2, p. 'iuT). 
 
 t llisluti) of Naliii r.s. ( Ihidstoiio, I. K. '1 \'a\. :>7. :i.-^. Soo al.n ;i \ iilualilo ropun tu ilio I'luviii- 
 cial Synod (if Ciiiiada, iiivm tlio lo),'al siaiiis of tlio < liunii of Ijijlaiid in < anada, and ol its 
 Clorjiy. i I lust rail II j; tliosc priiiciplos ; iiiado by a connniUoo loii'-l-tiiin id' ( liii'f .liistii o 1 'va- 
 por, Chaiicollor MolluiiU', and otliois in ISTJ. Synod .loiirnal, Gl li Sos.sion, pp. lo-:il. 
 
 I 
 
10 
 
 I 
 
 m 
 
 I. 
 
 
 
 wliicli 1ms spriiiiir, lii«' tlie (colonial (liiircl), from the Mother 
 (."hiiri'h of JOiiuhuid. 
 
 "AiiioiiLi' the iiiJiiiy other thinirs hrouuht hy our foref:ith(M'- 
 "from the Mother Country," says Mr. 'lyier/- "was the lOuiilisli 
 " ec'ch'siastical hiw, and so far as it was athiptod to the situation oi 
 " the colonies, it became the basis of the colonial law. It entered 
 " l)ronuneiitly into the ]»olicy of the first settlers, and even now ha> 
 "an actual foree au<l opertition in the system of the I*r(»testani 
 " JOpiscopal (diurch,and it- intUu'Uce is more or less felt throui:houi 
 "all the American C'hurches." 
 
 "It is an admitted maxim," says Judt^e Ilotrman, "that th( 
 " ,i;reai body of the couunon law of JMurland. and of its statute law 
 "so far as adapted to the situation of the colonics, was brought to 
 " this land from the Mother Country, and formed the ba>is of 
 " colonial law. 
 
 " Now this !_freat j)rinci])le, which pervaded every colony founde<l 
 "by Enu'lishmen, [)revailed, in a i)artii'ular sphere, wherever 
 "a Church, u[)on the basis of that of lOnj^dand, was established. 
 " Tlu^y who belonu'cd to such a Church were members of that of 
 " Knii'land at the time of their arrival, or voluntarily joined it heri'. 
 " The former broutzht with them — the latter adopted — the doctrim 
 "and discipline, the rules and order of the ICnglish Church. 
 
 " Undeniable as this [)ro|)osition seems to be, yet it is ni'cessary, 
 "by a fuller statement, to uuard it from mistake. The pro[)ositi()n 
 " is not. that the Church, as an establishment, with the statutes of 
 " suprt'uiacy and uniformity, formed part of the law of the colonies, 
 " where the charters did not otherwise i)rovide ; but the proposition 
 " is, that all members of the Church of iMiifland in the colonies were 
 " subject to the ecclesiastical law of Kniiland, exce[)t where it was 
 "expressly altered or necessarily inap])licable.""}" 
 
 The Provincial Synod of Canada, at its first session, declared its 
 desire that the Church in the Province should continue, as it had 
 been, an intcural portion of the United Church of Kni^land and 
 Ireland : and this declaration has never been altered or recedevl 
 from. Thirteen y(>ars later, the Synod of Fretlerieton unitt'd with 
 the Provincial Synod, under aulht»rity of an Act of the Parliament 
 of Canada and a I'csolution oi' the Diocesan Svnod, alike aftirmini:" 
 that the union was as full and completes to all intents and pur[)oses, 
 as if the Diocesan Synod had been included in the Province oi' Can- 
 ada at the time of the passing; of the Act, undi'r authority of which, 
 the Provincial Synod was first assend)led. It is not enouj;'li to 
 afHi'in that the Diocese of Frede ricton has neve-r expressed a desire to 
 withdraw from the [)osition thus assumed. At session after session its 
 representatives have taken part in tlu" proceedings of the Provincial 
 Synod, recognizing its authority, and accepting its rules. Nor cau 
 
 * AiiuM'ican rci'lt'-<i;isti(al Law, p. 49. 
 
 tlliiHiiiim, Law ol'tlio I'rotosiaiil llpiscopal Cluirch, pp. 14, Ifi. 
 
I 
 
 11 
 
 f'nnii xhv Motlicr 
 
 In- our fori'thtlicis 
 " was the Kuulisli 
 
 to tlu> situation ol 
 ill law. It eutcrcd 
 . and I'vcu now has 
 
 of the I'rotcstaiit 
 less irlt thivtiiuliout 
 
 off'man, "that the 
 (1 of its statute hnv 
 ies, was l)rouu'ht to 
 vmvd the Itasis of 
 
 erv colony foiuideil 
 sphere, wherever 
 1, was estal)!ished. 
 leinhers of that of 
 rily joined it here. 
 l)te(l — the doctrine 
 •'h Cliurcii. 
 yet it is necessary, 
 . The proposition 
 ith the .statutes of 
 aw of the colonies, 
 )Ut the j)roposition 
 1 the colonies were 
 ccept where it was 
 
 'ssion, declared its 
 
 x)ntinue, as it had 
 
 1 of England and 
 
 Itered or reeedt'd 
 
 ricton united with 
 
 of the Parliament 
 
 d, aiikt! affirndnji' 
 
 nts and purjioses, 
 
 Province ol'Can- 
 
 uthority of which, 
 
 is not enough to 
 
 })ressed a desire to 
 
 >n after session its 
 
 of the Provincial 
 
 s rulet!. Nor can 
 
 there he traced, either in the Journals of the Provincial Svnod of 
 Canada, oi' in those ol'the Diocesan Synod of Fi-edericton, a desire 
 on thi' |)art of the niendxrs of the Chni'ch of I'jiuland, there assem- 
 bled, to I'orsaUe the Church's ancient coiistiluiion, or hi'r laws 
 
 7. It remains to trace the ])an)ehial sy>tem of the Church ol' 
 England in New l^runswick through the Koyai Instructions to the 
 (loverjiors of the Province, and tlu' enactments of the hx-al Legis- 
 lature, on the suhject. 
 
 The province of New Brunswiek was established in 17<*^4, under 
 the authority of letters ])atent issued to Thomas Carleton, I].-(|inre, 
 its first (Jovernor. The territory it -included had previou>ly foi-med 
 a part i»f the province of Xova Scoiiu, in which the Church of J'jig- 
 land was already reoogni/e<l i>y enaciments of the local Legislature."' 
 
 From a very early datei' the coloines of 10nglai:d were placed 
 under the jurisdiction of the Pisliop of London. It was n.it until 
 17<S7 that Dr. Charles Inglis beennie liishop of Nova Scotia; when 
 the provinces of Upper and Lower Canada, Nova Scotia, New 
 lirunswick, IJernuida, and the Island of Newfoundland, were set oil" 
 to be includccl in his Diocese. t 
 
 JJy the terms of (Jovernor Carleton's Coinndssion and Iu>triic- 
 tions he was emi)owere(l to collate any jjer.-on or persons to any 
 Churches, Cliai)els, or other Ecelesia>tical benelice> ; 1k' was direclKl 
 to set apart ground for the building of a Church in each town, and 
 also for a glebe; and to see that a convenient house was binlt at the 
 common charge for each nnnister. 
 
 Till' following Instructions are i)articularly to be noticed :— 
 
 7L Vol! shall be careful that the Churches which may lureaiter 
 be erected in our said i)roviiice be well and orderly kept, and that, 
 beside a competent maintenance to be assigned to the minister of 
 each orthodox Church, a convenient house be built at the loinmon 
 charge for each minister. 
 
 72. And you are to take care that the parishes be so limited by 
 an Act of Ass(^nibly and settled, as you shall iind most convenient 
 for aecom])lishiiig this good work. 
 
 75. And to the end that the ]''.cclesiastical jurisdiction of tiie 
 Lord Bishop of Tjoiidon mav take place in our province undei' your 
 government, so far as eoiivenieiill}' may l)e ; We do think tit that 
 you give all countenance and I'ncoiiraLiement t(t the exeri'i^e ol' the 
 same, exct'jtliiig oiilv the collating lo ben( lice.-, granting licences (or 
 marriages, and pr(>l)ates of wills, wliich We have reserved to you 
 our (Jovi'rnor, and to the C(jmmander-iii-chii'f of our said province 
 for the time being. 
 
 77. And you are to take i's[)i'cial care that a Table of Marriages, 
 established by the canons of the Church of England, l)e hung up in 
 
 ' Sec an iiitori'stiiij; idpcr (ni the ('liiiicli of l!nt.'l:niil in New I'.runswick, pvi'iiiutMl hy tlic 
 late Cliii'lMusl i o I'iirk'i', uml |)nl>li.slu'tl with llic r.islii(|i"s cliii^'c in ISil."). 
 t A. n. |(',:;(. Sec Ancli-rM)ii, Hist. Colonial (liunli. v. I, [ly. lUi-U. 
 .|l,»'t', Cliiii-cli of Iji^rland in New lirunsw ic k, p. .'o. 
 
i 
 
 I 
 
 ,) 
 
 
 <-' 
 
 V2 
 
 all places of puhlic worship, aceordin^^ to the rites of the Church of ] 
 Enghuul. c 
 
 Here we tiiul the Crown, as the supreme Ordinary, making pro- t 
 vision for the organization of the Church in the newly constituted 
 province; placing the Church under the jurisdiction of the Lord 
 Bishop of London ; recognizing the force of the canons of the Church 
 of England ; and directing that the parishes should be limited and 
 settled, so as best to promote the Church's work. 
 
 The provincial Legislature met for the first time in 1786. One 
 of their earliest enactments* is intituled "An Act for preservin<r ( 
 the Church of England, as by law established in this province, and \ 
 for securing liberty of conscience in niatters of religion." It directed t 
 that no person should be capable tv) be admitted to any parsonage 
 or other ecclesiastical benefice or promotion before such time as he 
 should be ord'iined, according to the form and manner by law estab- 
 lished in the Church of England ; that the common prayer and 
 service prescribed by the liturgy should be read, and the sacraments 
 and other rites of the Church administered, "in such order, manner t 
 and form as in and by the said liturgy is appointed," and that any per 
 son having any ecclesiastical benefice or promotion who should 1 
 l)resume in any Church, Chapel, or other place of public worship, < 
 openly, to use any other form or order of common prayers, admin- t 
 istration of sacraments, rites or ceremonies, should be deprived, t 
 These provisions are still in force. They were codified, and form a ( 
 part of chapter 107 of the Revised Statutes of 1854,t 
 
 Another enactment | of the first session of the Legislature ot a 
 New Brunswick provided for the subdivision of the several countie.-* i 
 into towns or parishes, and defined the limits of each. The county 
 of St. John, exclusive of the city, was divided into the three parishes ] 
 of Portland, St. Martins, and Lancaster, from which have since 1 
 been set off the civil antl ecclesiastical parishes of Simonds and s 
 Musquash, and the ecclesiastical parish of St. Paul. f 
 
 In 17H7, as has been already stated, the ecclesiastical jurisdic- 
 tion of the Bishop of Nova Scotia was substituted, under authority 
 of letters patent issued to Bishop Inglis, for that of the Bishop of 
 London, as before exercised. 
 
 In the year following, the lots of land upon which Trinity 
 Church, St. John, now stands, were conveyed to the Church. The 
 conveyance was made to " The Rector or Incumbent, Church War- 
 " dens and Vestry of the City of St. John, for the time being, to 
 "them and their successors forever," § 
 
 It would perhaps have been at this time more proper to convey to 
 the Rector alone. Corporations aggregate, consisting of the Rector, ] 
 Church Wardens and Vestry, were still unauthorized by the Legis- - 
 
 ■"20 Geo. HI., c. 4. 
 
 t Kcv. Stat., Title xxviii, chap. 107, p. 271, "Of the Church of England." 
 
 .j:2C. (ieo. HI,c. 1. 
 
 gSee St. John Records, Book B 2, i)p, CO, 01, 62. 
 
18 
 
 3S of the Church of 
 
 linary, making pro 
 ^ newly constituted 
 liction of the Lord 
 inonsof the Church 
 )ul(l be limited and 
 
 :ime in 1786. One 
 Act for preserving 
 I this province, and 
 igion." It directed 
 d to any parsonage 
 )re such time as he 
 anner by law estah- 
 )mmon prayer and 
 and the sacrament.< 
 such order, manner 
 ," and that any per- 
 iiotion who should 
 
 of public worship, 
 M\ prayers, admin- 
 lould be deprived, 
 odified, and form a 
 854.t 
 
 the Legislature of 
 he several counties 
 each. The county 
 the three parishes 
 
 which have since 
 !s of Simonds and 
 ml. 
 
 'lesiastical jurisdic- 
 d, under authority 
 ,t of the Bishop of 
 
 wn which Trinity 
 
 the Church. The 
 
 bent, Church War- 
 
 the time being, to 
 
 proper to convey to 
 sting of the Rector, 
 rized by the Legis- 
 
 sland." 
 
 lature. Rut by the common law of the Church the Rector was a 
 corporation sole,* and as such entitled to hold property, or to main- 
 tain an action for the protection of the Church's rights. 
 
 In 1781), however, the ])resent system of Church Corporations, 
 copied in substance from the old colonies of Virginia and New 
 York, was introduced. It will have been noticed that, in the paro- 
 chial division of the province three years before, the city of Saint 
 John had been excepted. Tlie Act now })ass(!dt provided that the 
 parish of the Church, known by the name of Trinity (church, in the 
 city of Saint John, should comprehend the whole city, and be called 
 by the name of the Parish of St. John The Rector, Church War- 
 dens and Vestry were incorporated, and the lots of land already 
 conveyed to the use of the Church were vested in them. 
 
 This Act also provided that the Rectors, Church Wardens and 
 Vestries of the several Churches, already erected or to be erect('(l 
 in the various parishes, should, "as soon as they were respectively 
 inducted and appointed, be incorporated in like manner as the liec- 
 tor, Church Wardens and Vestry of Trinity Church." 
 
 This is, it is believed, the first mention in Xew Brunswick legis- 
 lation of induction as a requisite to a Rector's full enjoyment of liis 
 cure. It is not provided for by a distinct enactment. It is referred 
 to as already required by the connnon law ecclesiastical, which is 
 thus presumed to be in force. The same may be said of other 
 expressions in the Acts of Assembly relating to the (yhurch. 
 
 It has been decided that the effect of this statute was not to do 
 away with the Rector's rights as a corporation sole ; but that it was 
 in furtherance of the common law as it had before existed. t 
 
 Such is the foundation of the parochial system of the Church of 
 England in New Brunswick ; a system based upon the ecclesiastical 
 law of the Mother Church, with the addition of the Corporation 
 aggregate, consisting of the Rector, Church Wardens and Vestry, 
 formed under authority of the local hnv. And this appears even 
 more clearly in the course of later legislation. In 1824 it became 
 fiecessary t() divide the parish of St. John and set off' the ecclesiastical 
 parish of Carleton. The Act of Assend)lyij which effects this 
 recites that many of the inhabitants of the western part of the fiiud 
 City had, " with the assent of the Rector, Church Wardens and 
 Vestry of Trinity Church," petitioned for the establishment of the 
 parish of Carlet'on, "in order that a .separate Rectory or ^Mission 
 might be there established ;" a plain assertion of the ])rinciple that 
 such separate Rectory or Mission should not be established in con- 
 nection with the Church of England in any parish without the 
 Rector and Church Corporation's assent. The Acts establishing 
 
 * Rector, etc., St. Stephen vs. Tortelot, 1 Kerr, r,;!" ; Rector of Hampton m. Titus, 1 Allen, 
 278. See, also, Report of Ch. J. Draper's Couunittee to the Provincial Synod. Journal Sixth 
 Session, p. 2H, 
 
 129(ieo. Ill, c. 1. 
 
 t Rector of Hampton vs. Titus, 1 Allen, 278. 
 
 gSeieo.IV., c. 19. 
 
14 
 
 <> 
 
 >>, 
 
 7" 
 
 |: 
 
 1 
 
 •" '■ 
 ■J* 
 
 ■I - 
 
 m 
 
 m 
 
 '^H 
 
 tlic t'cclcsinstical ])arislu's of St. Jiinics* uiul St. .\rark i' in St. Jolm 
 and odicr .^imilai' cnactiiH'iits, may also he rcrciTcd to. In tad, ilr 
 very ncci^siiy tor an a|)[)(.'al to the I^t'ii'islatnrc, to crtatc an I'ccloi 
 astical |)arisli, ihmvcs tlic ivcoLi-nition oi'tlio principle thai no Kcctm 
 iiinld. fxcrpi tlifonu'Ii such an apix-al. ho intcriorcd w'uii in hi 
 j>arochiiil I'iLihts. 
 
 It is trno thai in soni" instances divisions ol' parishes were elleett 
 hy tlie Le^ishitni'e, upon the application ol' a considt'i-ahle portion i 
 the parish, without the l{ector's consent. J>ut it nnist he reniend)ert 
 that, uniil.the Diocesan Synod was estahlislud, the (.'iuircii of Km 
 land in New liriinswicU possessed no Li liislature of her own. Sh 
 looked diivctly to the Provincial I*arlianient when chan,i;es in he 
 system were to he considered or carrie(! out. It forniecl jier on!' 
 Court of Appi'al in such cases. She accei)ted in tiie fullest inannd 
 the enactuji'nts it prepan^d. She acted upon them in her own suli 
 siMpient proceediniis, yielding- an assent, express oi- implied, to theii 
 provisions, as ihoULi'h she claimed tlu> civil Legislature for her owi: 
 And yi-r ,■ he was without the ])oW('r to control its actions or guid 
 its co!iclusions in accordance' wilh her own princi])les and laws. I 
 is little Wonder indeed, if the Leui.-lature, when appealed t(t undi: 
 such circumstances, should have dealt wilii th(> exceptioi d ca- 
 before them on its own merits, and accepted without hesitauon tlr 
 post of arbitei" between the Rector, and a considerable portion c 
 lii.s pt'oi)le ; who asked, not to establish a private or [)ro[)rietor) 
 (.'ha[)el close to the parish Churcli, but to be constituted into ii nev 
 and distinct parish. 
 
 The case is now diHerent. The civil Leirislature still retaiii' 
 in some cases a direct control over alterations in the Church's law- 
 It forms, it may be said, a final Court of Ai)})eal for a minority 
 opposed to some change which a majority in the Synod may desirt 
 This cann()t indeed be prevented. l^ut where there is no such mi 
 nority, and all the members of the Churcli are agrtH'd, the Legi> 
 lature cannot, in matters affecting the Church of Knghijid only 
 vvitli reason interfere. Xor, on the other hand, can it now right 
 fully claim to make enactments relating to the Church of Englaiitl 
 which have not first been consid(^red by the Diocc^saii Synod am 
 received its a>s(uit. It is a remarkable circumstance, that while, ii 
 many instances before the Synod was e>tablishe(l. ecclesiastic;! 
 ])arishes were >< t off, and in every case it is believed recoginzed b\ 
 the Church; one such ca.-e only has since been attemi)ted, and th:r 
 divi>ion ha> practically been igiKU'cd ;' while a mission of the Churcl 
 of I'^ngland has been established within tlu; limits of the so calln 
 ecclesiastical parish ; not howevc^r in connection wilh it, l)ut with at 
 ordinary parochial division i^ effected about the same time. Nor i- 
 it to be supp(»sed that any persons calling themselves Churchmei, 
 
 w 
 
 n 
 u 
 ti 
 
 c 
 
 P 
 a 
 
 d 
 
 P 
 ii 
 
 C 
 
 C 
 
 o 
 
 C 
 
 T 
 
 P 
 
 o: 
 
 a' 
 tl 
 
 tl 
 
 P 
 it 
 
 n: 
 
 k 
 
 ti 
 
 n< 
 
 w 
 
 h 
 
 ti 
 
 B 
 
 01 
 
 V€ 
 
 Bi 
 
 Cl] 
 
 as 
 ei 
 
 * 15 Vic, c. 17. till Vic, f. Vl. 
 ' St Maria's, Sussex H7 Vic, c ;!9. 
 ^ Wiilriiiiicl, HT Vic, c 1-J. 
 
 Di 
 er 
 
 .*>v 
 
1.") 
 
 Wiwk .' in St. .loliii wniild now j)r('sunii' to hriii^^ hi lore the civil Lcirishitiirc jiii fiiiict- 
 .(I to. Ill t:i(i, ill. naciit aMJ'ctiii;^- the rights (ir the hi\v.< of thi- Chuivh of ICn^ihuMl, 
 
 o criiitc an icch'.-i 
 l|)h' that no KccId 
 I'li'ivd wiiii in 1 
 
 11- 
 
 until it had hci'ii considered and approved hy hei* own representa- 
 tives in Synod convened.'' 
 
 Other eniictnu nts whicii may lie referred to are those,! now in- 
 corporated in the Kevisi'd Statutes, providing- for the Hector ot' a 
 parish havinu^ the charu'c ol* any church or churches in the same or 
 any other j)arish, " tiiere hein;;- ikj other h'Lially licensed prie>t or 
 uist l)e reiiiend)ei-ii deacon in holy orders oHiciutin^ in such otlu'r parish;"; an<l the 
 he (.'hui'ch of lOn. provision tiuit the lands conveyed to the use of any cliurch erected 
 .' of her own. Sli in imy parish, with any Church huilt thereon, shall he vested in the 
 K'li cIkuiucs in he Church corporation i'or such i)ari>h, in fee.s The lirst mineral i'ree 
 It formed her onb Ciiurcji Actji again, declai'cd thai not hin;j,- it contained sliouhl aufh- 
 
 orisi' the erection of mon^ than one Church corporation of thr 
 Church of JCngland in any parish. And in the Act '* estahlishinn' 
 Trinity Mission Chui'ch, St. Sti'])hen, it »\as thouuht nece>.-ary to 
 provide that the cler;iyman who had its cluirj,^', and also the Kector 
 of Christ Church, Si. Stephen, should have full power to vi>il and 
 'iples and laws. 1 administer the sacran)ents outside tin- limits ot' thi' di.-trict- \vhi( h 
 
 appealed to und.i the Act assigned to each. 
 (> exci'ptioi d ca-' ^" l'S4r) the unwieldy Dioeesi' of Xova Scotia was dividiil. and 
 hout hesitation tli- the Diocese of Frederieton was constituted under authority of letters 
 iderahle ijortion v patent betiring date the 'Joth A])ril in that year. The Crown has 
 ate oi' i)roprietoi'^ ^ts well recognized prerogatives, and can exercise them in the colo- 
 stituled into a nev ^^'-''^ '-^^ ^vell as in I-^ngland itself if The letters patent were valid 
 
 to create the Diocese, and to constitute the Loi-d l)ishoj» a corpora- 
 
 lature still retain' tion sole.;;;;j; JJut it has long since hi-en decidi'il that tiiey could cont'er 
 
 the Church's hn\> ^** eoercive jurisdiction, nor could they adil to, alter, or dispen>e 
 
 eal for a minorit\ ^'^'' ^^'^' i^li'e'udy existing law of the Chui'ch. It may he noticed, 
 
 Synod niav desin" however, that they distinctly recognize the ^[etropolitical jurisdio- 
 
 le're is no such mi tion of the see of Cantt rbury, and provide that tlu' newly ;ip[)ointed 
 
 agreed the Le<>i.« Bi-^l'op " may perform all the functions peculiar an<l aj)j)ro[)riate to the 
 
 of Kn<)la!id onlv "*''Iiee of lU.-hop within the said Diocese of Fi\ di rietun, and may 
 
 rishes were edl'ct* 
 siderahle portion 
 
 the fullest manud 
 em in her own suli 
 or implied, to theii 
 lature for her owi! 
 its actions or iruid 
 
 can if now ri'dit " *^'-^^'*'*''"*' .ji""''"^'''<'^'""« ■■pii'itnid JUid eecle>ia>iical, throughout the 
 hurch of ]Mi<daii<l "'^!i''l Dioci'.-e, ;i<-coi-ding to the ecclesiastical laws now in foi'ce in 
 (ic(»san Svnod {uk " J'^'ighmd." This clause could not vary the exisiin;; law; hut it is 
 ince, thai while, ii " ~ 
 
 11 I • • _ "'^ I Ins M'liiiirlc, (if ('(uirs ', does iidt aii|ily tn any >ti'icily Idoal act adti'tui^' parish in-oiiiTiy 
 
 slied. ccclesiast lc;i only, a.s tu wliicli tlicn' is a K''ii*'ial agreeiiiL'nt in tliu parish coiKU'riR'd. 
 
 ved recognized h\ t L^"'Vv -''•','/.-'' V '*■'•'''• ''■ 
 ■ , , • .1 Ju'v. Stat., 0. 10/, s 4. 
 
 itlemjtteu, tind tlia ^ licv.Slat., c. 107, s. 8. A practici' lias, it is liilicvod, in smiio eases horn aiioptcil, of cdii- 
 <sion ol the Chtircl '*^'"^^ ' '""'''M"''M"''''y ^^"itl'i" the limiiscil'or hrld in cunncL'tion with a parish, to ilic l.md 
 . , ,. BisliDp in his ((irporatc capacity. 'Iliis may he necessary in e;ises where there is iid paro- 
 
 its ot the SO callet chial oi'Kani/ation, hut the jiropei ty shouUI he iiinveye(i tu the < hurch ((irporatioii as sonn 
 L\illi it Inil witli -ll ^ '' ''''^ '"'''" l"rined. (See Ki'v .*^tut., e. 107, s. sj W'liere a Church c (irporatiuii alreadv 
 |i\iiiiu,oui ^> 'I" '''exists there appears to he no sullieient reason I'or it, hut the reverse 
 
 <aine turn 
 
 iselves Churchmei 
 
 , ,,,.^ ^ , ,. .\ similar prai'lier lias 
 
 Nor 1- led to disastnius results in the I'liureh in Souih .Africa. See Hishop Cray's lAt'f, /inxxini. 
 
 II ;» \ic. e. 17, s. :i. 
 
 ** :iii \'ic., e. lio, s. ■"). 
 
 +t See l»oe e.x deiii. St. (icor/e's Chinch rs. Coiigle, 2 Haiinay, pp. lli'-17. 
 
 jl See lioe ex deni. St. (ieor^'e's Church i.v. Cou^jle, '.' Ilaiinay, W. Iteport of Cliief .lusliee 
 Draper's Committee to rnjvineial .Synod, Journal of Sixlli Session, p. "J:-^. llisliop of I'nil- 
 erietoii's Charge, isd."), pp. 11-12. 
 
K) 
 
 •^ 
 
 ■ 
 
 .»^> 
 
 viiliiahli' us a rci.cwt'il declaration that that law, so far as tho mem- 
 hers of the rhiucli of Kngland in the Diocese were concerned, wii- 
 the «>('('lesiastical law of the Mother Church. 
 
 The Act of As.-enihiy* estahlishinjr the parisli of St. I'aul " as ;i 
 se[)arate and distinct parish for all purposes ecclesiastical or relatiii: 
 to the Church of l']n^land ; " and assij^ning for its parochial districi 
 all that jiart of Portland lyin<; to the eastward of Mill Street, and 
 its northerly continuation to the Kennebecasis Kiver, has already 
 been ri'ferred to. Within the limits of this j)arochial district, tliiii 
 so far as the niend)ers of the Church of Enudand are concerned, tlx 
 rights of the Hector and Church Corporation for all purposes cedesi 
 astieal or relatini:- to that church, nuist exist. They exist by tin 
 coninion law of the Church, they have been reco<rnized and assi'rtu 
 from the foundation of the Province, they are aftirmed in repeats 
 enactments of the local Leirislature ; statutes passed either with \]h 
 Church's asst'ut, or reconiii/,cd in her sul)se(iueiit i)roceedin<'S, 
 
 "While it is (juite clear," says Chief Justice l\itchie,t " tha 
 "there is nothinjj to be found in any of these statutes which confei 
 "on the Chui'ch of Knudand or its members any rights or privilegi 
 "outside of their Church not possessed by every other Church or \hn 
 " ish subject within the Province; il is e(pndly clear that there ar 
 " repeated instances of the ri'cognition of the Church of England a 
 "existing in this I'rovince, of the Diocese of Fredericton, of tli 
 " Bishop ot that Diocese, of the existence of the rites and ceremonit 
 " of, and inend)ershipin that church, the establishment of ecclesiastica 
 "parishes in connection with the church, and of the presentation t 
 " the Rectories, benefices and promotions of the church by the Lieuteii 
 " ant Governor as representing the Crown ;| all tliis, while it dot 
 "not interfere with other ('hurches or denominations, materially, ii 
 " our opinion, atiects the niend)ers of the Church of England a 
 " regards the status and goverinnent of the Church, and the preroga 
 " tive of the Crown, as head of that Church." 
 
 It is not and cannot be alleged that the civil legislature does m 
 still possess the pow(>r to divide any parisli for ecclesiastical purpose 
 into districts or otherwise. But it is contended that, since the C'hurc! 
 of England has formed a deliberative body of her own, this pow( 
 will l)e sjjaringly exercised. It will be asked whether the case ha 
 already hud the full consideration of the Synod. It will be askt 
 whether the grounds fur the change proposed are just and right. I 
 will be asked whether it has had the proper approval and conseii 
 And it is believed, tiiat, until full consideration before the I)io<*esu 
 Synod has been had, and the approval of at least a majority of the? 
 to whom the care of the parish is connnitted has been obtained, ii 
 proposal, either for the division of a parish, or for the recognition i 
 some new and anomalous svstem within its limits, claiming connectio 
 
 / 
 1 
 I 
 
 f 
 
 I 
 
 s 
 
 1 
 f 
 
 c 
 i; 
 
 I 
 
 E 
 
 a 
 
 8 
 
 c 
 
 11 
 I 
 
 1 
 a 
 
 h 
 
 a 
 
 q 
 ( 
 
 11 
 
 t 
 
 • 
 
 r 
 <« 
 
 ■* lit Vic, c. no. 
 
 t l>oo ex (li'iii. St. (iiMirne's Cluircli rs. Coiiulo, '2 Uiiiiiiay, !Hi. 
 
 :j:'riiis case anise Ijt'loro tli<; (liurcli I'alroiiago Act \v^^s pa.ssed in 18()1). 
 
 Ii 
 t 
 
 i 
 
 u 
 
 t] 
 
 m 
 1< 
 
 Si 
 81 
 
so far us tlio 11)0111 
 ?re t'oiictTiKMl, Wii- 
 
 I of St. Paul "as 11 
 <iasti('al or rclatiii:: 
 ■: j)arochial distric 
 )f Mill Street, ami 
 lliver, has already 
 rliial district, tiuii 
 are ('oneeriied, tin 
 dl purposes ecelesi 
 Tliev exist bv tin 
 riii/A'd and assi-rtci 
 tfirined in rei»eat<i 
 ■<sed either with tli' 
 j)ro('ee(lin<is, 
 ee Kitchie,t '' tlia 
 tiites Nviuch confer 
 rights or j)rivileji( 
 her Church or lirii 
 clear that there ar 
 urch of England a 
 Fredericton, of tli 
 •ites and oeroinoni( 
 nent of ecclesiastic!! 
 the i)resentation t 
 iirch hythoLieuteii 
 this, while it dot 
 tioiis, materially, ii 
 rch of England a 
 ch, and the preroga 
 
 legislature does m 
 'lesiastical purpose 
 at, since the C^hurc': 
 ler own, this powi 
 liether the case ha 
 It will be a.sk( 
 ■ just and right. 1 
 )proval and consen; 
 before the Diocesa; 
 t a majority of tho.- 
 s been obtained, n 
 )r tlu' recognition ( 
 claiming connectid 
 
 17 
 
 with the Church of England, will be entertained. What could be 
 more contrary to the princijiles (»f fairness and justice, than that a 
 few persons should be allowed to portion off a part of a parish or 
 parishes into a separate parochial district, within which, perhaps, 
 scarcely any of their number may reside; or to introduce into the 
 Diocese an anomalous system heretofore unknown within its bounds; 
 and to attach this district or system by civil Kgislation to the Church 
 of England without her previous consent; to do this contrary to the 
 Unanimous protest of the Kector and Church Corporation of the 
 parish concerned ; and perhaps even, with attached conditions which 
 may render nugatory the control of the Bishop and the Syisod, and 
 authorize, under the name of the Church of England, practices which 
 she has rejected and condemned. .\ny such })roposal should be 
 closely scanned. It is not contcMided that it may not be eiKjuired 
 ilito, but the reverse. The Kector and Church Corporation of St. 
 Paul, would probably be the last to wish to exercise a perem|)tory 
 feto right. But is their unanimous opinion to pass for nothing? 
 Better surely that an "extra-parochial" I'lilluisiasm on the part of 
 a few persons in the City of Saint John and Portland should be 
 hindered; than that a loyal parish, and with it all tlu' parishes in 
 tlie Diocese, should be told that their protests will be disregarded, 
 and their opinions set at naught. 
 
 8. But it may be said that no division of the parish of St. Paul, 
 or any other })arish, has as yet been asked; and that tlu- .Mission 
 Chapel is merely a " proprietary " Chapel, vested in joint ownership 
 ip the five gentlemen whose names aj)pear in the recorded deed. 
 Thi.s no doubt is true. No declaration of trust was registt'red with 
 the conveyance. Such a declaration may very possibly exist. Put 
 its terms are unknown, and, so far a.s appears, the ChajH'l is strictly 
 " proprietary ; " the joint property of the five gentlemen in whose 
 names the title stands. 
 
 And here there is need for yet greater caution. It need not be 
 Stated that proprietary Chapels have hitherto been unknown in 
 Kew Brunswick in connection with the Church of England. 
 Churches or Chapels have, in some exceptional cases, been held by 
 the Lord Bishop of the Diocese, with a Pector's cons(>nt;'-' but it is 
 l^lieved that no instance of a Chapel within the limits of an organ- 
 iaed parish, vested in private })er.s(jns, and claiming c()nn(-ction with 
 ^e Church of England, can be found. And is it desirable that 
 tliis system, which is broadly neither more nor less than a species of 
 "Congregationalism," should be grafted upon the parochial system of 
 the Church ? Even in England, in cases where, with tlu- assent of 
 some Rector, pro{)rietary Chapels have been permitted, they are yet 
 looked upon with disfavour and distrust. " It may be observed," 
 says Mr. Cripps, "that whenever any circumstances connected with 
 such Chapels have come before the courts, they aj^pear to have 
 
 n 18(i".). 
 
 •As to till' (langtjr of tliis practice, see note, (j!) ante, p. 15. 
 
(« 
 
 i 
 
 i 
 
 /.< 
 
 I)t'('ii ratlicr iiiiliivoiirahly rc!jr:ir(l(Ml ; iiiid scctn to linvc hccii con- 
 sidcrcil as iniiuvalioiis, wliicli it was not Wtsiralilc Ic ciicdiiraL;'!';" as 
 I)r. Liisliiii^ildii (il)M rvcs. " llu V have arisen iVoni the iiicnasc ol 
 [((•piilatioii, and tVoiii the necessity of the times; hut if nndiT t!if 
 ('hiirch HuiMini:: Acts, other Churches and ( 'hai>els were to he 
 consecrated according;' to the hiw of the (iinrcli of I''ni;hin(l, the 
 necessity for these ('ha])eis wouhl cease." ■ In such a case thr\ 
 liisliop wouhl i)rohahly refuse to renew his licence to otHciate in I 
 these huiidinii's ; and tlu' Church woidd no Ioniser he scandalized hv 
 ihe t'xistence of l•eco^•lli/ed coin|»anie> makint:' joint stock speculatitm- 
 u|)on the religious feejiuiis of tlii'ii' ni'ii:hi)ours. i" 
 
 Nor i> this feelin^f oi' distrust to he wondered at, when the leiral 
 status and position of such a Chajjol beconios clearly understood. 
 
 (1.) The law is perfectly clear that the IVishop has no authority 
 whatever over any unconsi-craled i)ro[>rietai'y Chapel, i; The Chapi'l 
 is in fact the |)i'ivate property of the pers(»ns in whom the title i,- 
 vested. They may aciepi or vwn invite the J>ish(tp's supervision. 
 i)Ut this gives him no permanent control. They can revoke the- 
 invitation' at their jjleasure. It jnay he said that this will not hi 
 done. This is, to say the least, luicertain ; and the [)Iea of con- 
 science has lu'cu urged so far in Knglaiul, and elsewhere, to justify 
 a disregard of ej)iscopal aiitluM-ity, when' it did not agree witli 
 j)reeon(H'ive(l interj)retations of tlu' Church's laws, that there may 
 well he some hoitation to accept so loose a system, as an adjunct h< 
 the present well defined parochial order of the Church. It is pos- 
 sible, indeed, that s^ome declaration of trust, not yet divulged, may 
 give the J^)ishop a greatei" or less control. I>ut this should appear 
 clearly, and until the trust is produci'd, the case must be considered 
 in the light oidy of the recorded det\\. 
 
 But it may be said that the JJishoi) is w illing to Rcce])t the res^pon- 
 silfility oi' all this, and the matter should be left to him. The answer 
 is, that the (piestion is one not oidy for the present liishoj) of tlu 
 Diocese, but for the Church of England in New Brunswick for all 
 time to come. It may be given more fully in the burning words o! 
 that stout old-fashioned high churchnijin. Dean Hook. Jiis Bisho) 
 had ventured to attend within his pai'ish some meeting of whicli 
 the Dean, then Vicar of Coventry, did not approve. The Vicar 
 WHS indignant. He asserts the j)rinciple that the Bisho]), outside, 
 of course, of his visitation powers, has no right to enter the parisli * 
 without the incumbent's ct)nsent. Ue declares that the presbyter 
 should protest against the invasion of his rights. " Let no fear," In 
 says, "of being deemed unfilial deter us. If the Bishop be our 1 
 "lather, the Church is our mother, and if our father injure our M 
 " mother, we nuist protect her, even against him. I once heard ol 
 " a man of rank who was about to strike liis wife. His s(m inter- 
 
 ' JI(i(lt;s(iii ,.v. Dillon, 12 Ciiitois, .^^^S. 
 t<'iip|is, l.iiw.s of I. Iiiiirli iiiul Clergy, p l''>5. 
 |:Sir K, I'liiUimurc, iu Itiuluirds ts. liuclier, 4 1^ 
 
 U., A. & E., 2,-)5. 
 
10 
 
 I. lijivc Ih'cu con- 
 ic ciicoiirMUH';" lis 
 Ml the iiicrciisc (it 
 hut il" uiidi'i" tilt 
 
 lilpcls were 1(» l»f 
 of I'Jlijlillul, the 
 such Jl case tlir\ 
 
 lice 1<» otHciiltc ill I 
 he scaii(hili/c(l hy 
 stiK'k s|)t'cuhitioii« 
 
 at, when the h'^al 
 rly understood, 
 j) lias no authority 
 pel.; The ('hai)el 
 whom the tith^ i.> 
 flop's supervision. 
 ■y can revoke the 
 It this will not he 
 I the plea of eoii- 
 se where, to jusiiJV 
 id not agree with 
 ^s, that there may 
 n, as an adjunct to 
 'huroh. It is pes- 
 yet divulLred, may 
 lliis should ai)pear 
 nust 1)1' considered 
 
 ) accept the rcspon- 
 him. The answer 
 
 •ent Bishop of tlu 
 Brunsw^ick for all 
 
 L' 
 
 hurning words et 
 
 look. His liishoi 
 meeting of whieli 
 prove. The Vicar 
 he Bisho]), outside, 
 to enter the parish 
 that the presbyter 
 
 " Let no fear," In 
 the Bishop be our 
 
 father injure our 
 
 I once lieard e! 
 
 ife. His son inter- 
 
 ■' posed, IxMind his arms, and carried liim out of the room, and then 
 "lie imnieclialely loo,-ed him and let him go. Tlu- father instnntly 
 " I'aised his hand to .>trike his son. The pious son put his hands 
 *• behind him and >aid, ' ^'oii may Irike nir if you will, 1 will bear 
 " it all ; but you shall iiui strike my iinttiier.' And so we imi.-t deal 
 ■' bv our IJisliop when he would damage the Church bv violatinu her 
 *■ pilliciples. ■ 
 
 A liishop is but a i'allible man. With the best inttnitions, he 
 may yet mi>take the Clnircirs rules, or act in a wav injurious to her 
 interests and lur work. And in such a case it is the part of the 
 trulv l(»val of the i-leru'v and laitv in his Diocese, not to bow with 
 M'cophantic a<liilatioii to wljatever he may suggest, but resj>i>ctfully. 
 temperately, and yet with iirmness and decision, to assert the 
 (,'liurcirs rights. 
 
 ('2.> 'J'he membei's of the Church of lOngland in Ncnv Ibninswick 
 are now united in the Diocesan Synod. 'I'hey have dechired theii- 
 desire that the Church in the Diocese shall continue, as it has been, 
 in lull communion with the ^^lther Church. They reconni/e the 
 canon of Holy Scripture, tlu' JJook of Common I'rayer, and the 
 thirty-nine Articles ot' H<>ligioii ; and have affirmed their resoliilioii 
 to preserve the doctrines they contain, unimiiaired, to their jtosrerity. 
 
 I'ach newly constituted i)arish, at its organi/ation, comes under 
 these ])rovisions freely and without reserve. It could not be other- 
 wise. There cannot be one constitution for one i)art of the Dioce.<e, 
 and another for the reniaind(.'r ; oiu; rule for a portion of the par- 
 ishes, and another for the ri'st. No conditions for union, beyond 
 tlujse bound uj) in tlu' Synod's constitution and incorporation, can 
 now be asked or exacted. The Dioee.se acts togethei-, and its several 
 parts form one harmonious whole. l>ut for the ^lission Chajiel, it 
 ■ has been claimed, that it is to be offered "to the church hixhi nrtuhi 
 coiKlllioih'^, to bt> a[)])roved by the l>isho}x"T It may reasonably be 
 asked, what is the nature of this donation, and what are the coiidi- 
 jtions u])()ii which it is j)roi)o.<ed to be made. Is it intended that the 
 ])ro])erty sliall l)e convevi'd to the J'isho]), (U* to the Syncul ; and, if 
 S(j, what tire the conditions to be claimed ? If the conveyance jtro- 
 posed Wi're unconditional, and the Cha])(!l was to be held only for 
 the purposes of, and in conformity ^vith the laws and rubrics of the 
 Church of iMigland,;; it would seem more in accordance with the 
 .l)racti(*e of the Church to ofier it to the Kector and Church Corpo- 
 ration of the ])arish as a Chapel of Ease. But "certain conditions" 
 are to be asserted. What are they? The question is a serious one 
 
 * Life of ])(;!Ui Hook, v. 1, p. ■k;,'^-',). 
 
 + See II iiamplilet styled " Mis.sion rii.apcl," iniblislHHt .Tuly, l,'^.'il. 
 
 :i:It is a serious questioii wlietlier citlicr tiu; Hislio)) or tlie Synod — tlio oiio a corporation 
 Boic, tlie otlii r a eori)orati<Mi a^tKi'cj^ate in connection with the ( hurch of Ijiuiand,— can 
 accept or liold property, in ttie corporate capacity, upon any other trusts. Special acts have 
 l)ccn tiioui:lit necessary to enahh^ paiocliial corporations to assume even eharitahli' trusts. 
 Kor is it to be supi)osed tliat eitlier the Jiisluip or the Synod woidd advisedly entertain for a 
 luoiuent the jn'oposal to put upon them any trust, except in strict counoetion with the 
 '(.'luircli of England. 
 
J 
 
 I 
 
 r 
 
 I 
 
 m 
 ^ 
 
 ¥, 
 
 I. 
 
 ^ 
 
 I 
 
 
 Mr 
 
 I 
 
 20 
 
 fV)r the Synod to consider. If conditions or privileges arc to be 
 asked tor anyone Churcli orC'liapel in the Diocese above all others, 
 their tenor and etf'ect shonld be closely scanned. They should be 
 made public, and not withheld. F'ull opportunity should be given 
 for their consideration. And, without this, the Synod nuiy well 
 beware of any, the slightest, recognition of a Church or Chapel 
 (claiming such i)eculiar rights. 
 
 (.'5.) The introduction of a system f)f proprietary or extra-paro- 
 chial ('hai)els into the Diocese is a serious matter for the Clergy to 
 consider ; and that from no selfish stand point, but in the interests of 
 their people and the Church. The greater number are Rectori-i of 
 parishes, with well defined parochial rights. How far will these 
 rights 1)(^ interfered with ? It is true, they exercise them only in 
 ri'lation to the members of the Church of England. Nor can they 
 desire to extend them beyond. But is it well that they should be 
 limited even as to their own church ? Is such a state of things 
 likely to promote an outspoken faithfulness in the Clergy? They 
 are but human. An influential })arishioner, perhaps disappointed 
 in some fancy, or rebuked, however gently, for some sin of wilful- 
 ness or pride, will find a ready refuge in the "extra-parochial " 
 Chapc^l. His wel(i)M)c is not likely to be otherwise than a warm 
 one. Sympathy will be showered upon him at th(> expense of the 
 unsympathetic Rector he has left. Is this likely to help the Clergy 
 in their ministrations? Is it desiral)l(' that such a system should 
 find :i place within the jiortals of the Church ? 
 
 Or tlu' Rector essays, as he has been accustomed, his parochial 
 visits. He comes to some door, once wont to open at his approach. 
 It opens no longer. The inmates of the house have joined the 
 "extra-iJarochial" invasion. Some family of church people move 
 into the parish. Is it to be a race between the parochial Rector 
 and the extra-parochial Priest as to which shall first have them in 
 his fold ? Or are both to wait till the new comers themselves select 
 their Church, with the very possible result of their selecting no 
 Church at Jill ? Or, a,L.''ain, the embnrassed Rector, having solved, 
 or et least [lostpoiied these difficulties for himself, assembles his 
 Sunday school teachers or district visitors, and proceeds to assign to 
 each their work. No longer can he tell tlu-m to seek out all the 
 Church p(>ople in the parisji they can reach. Nay, he nuist caution 
 them, lest they should interfere with the congregation of the extra- 
 parochial Chapel. A necessary caution indeed, lest the priest in 
 charge should retaliate by interfering, still more directly, with the 
 Rector's flock. Such residts are sad indeed to contemplate. The 
 system can have but one ending ; })ulpit against pulj)it, altar against 
 altar, dissension and division in the parish and the Church. 
 
 f4.) But the Church Corporation are also interested, as are too 
 the i)arishioners whom they represent. It may possibly be asserted 
 that none of the surrounding parishes have, so far, been financially 
 the worse, since the Mission Chapel has been built. This may or 
 
 I 
 
 n 
 II 
 
21 
 
 .'ilogos nro to be 
 above all others, 
 They should he 
 ' nhould he given 
 Synod may well 
 lurch or Chapel 
 
 ry or extra-paro- 
 br the Clergy to 
 in the interests of 
 r are Keetors of 
 vv far will these 
 ise them only in 
 . Nor can they 
 t they should be 
 state of things 
 Clergy? They 
 ips disappointed 
 le sin of wilful- 
 "xtra-parochial" 
 se than a warm 
 expense of the 
 help the Clergy 
 a system should 
 
 d, his parochial 
 t his approach, 
 ave joined the 
 ■h people move 
 irochial Rector 
 it have them in 
 lemselves select 
 'ir selecting no 
 having solved, 
 , assembles his 
 eds to assign to 
 eek out ail the 
 le must caution 
 'U of the extra- 
 t the priest in 
 -ectly, with the 
 emplate. The 
 t, altar against 
 hurch. 
 
 *ted, as are too 
 
 )ly be asserted 
 
 sen financially 
 
 This mav or 
 
 my not be the oane. But the converse proposition, that they would 
 not have been the better for the continued and hearty support of 
 those whom it takes away, will hardly be seriously maintained. In 
 fact, it is impossible but that the duties and responsibilities of the 
 ('hurch Wardens and Vestrymen should be increased if an extra- 
 parochial or congregational system finds its way into the Church. 
 The j)eople who see their Rector interfered with and hampered iu 
 his work, will become disheartened. They will give reluctantly, or 
 not at all. And Mission Cha[)els must necessarily be aggressive. 
 It is their very nature. Comparis()n>i will be drawn between their 
 services and those of the parish Church, which has been left. News- 
 paper rej)orters will be politely invited to attend, and warndy wel- 
 comed. Interesting paragraphs, describing the services or procei'd- 
 ings, will appear ; not perhaps always couched in the exact language, 
 or written with the care to avoid offence, which those who may have 
 suggested, but not actually indited them, might desire. iVnd all 
 this has a tendenc ■ > interfere with the parish Church. It is im- 
 possible indeed bui nat the pecuniary position of the parish should, 
 in one way or other, be affected, if such a system prevails ; and the 
 parish congregation be rendered less able to bear their })ortion of 
 the Church's burthen and the Church's work. 
 
 (5.) Nor will the difficulty be confined to the limits of the parish 
 interfered with, or its immediate vicinity. C'ontributions withdrawn, 
 locally, must be replaced. This can be done only by those who 
 remain giving yet more largely. But with very many there is a 
 limit, not so much to the willingness to give, as to the power. They 
 can increase their local payments only by giving less, or ceasing 
 altogether to contribute, to something else. The Diocesan Church 
 Society's funds will thus be inevitably weakened ; and the pressure 
 of the burthen, already almost too severe upon the struggling coun- 
 try Missions, become greater than they can bear. The parishes of 
 the Diocese are indeed too intimately linked together for any one 
 to suffer without its affecting all. And be it only one parish in which 
 an extra-parochial Cluij)el is attenn)ted, or be it in nior<> ; be it in 
 one of the poorest parishes of the Diocese, or be it in one which has 
 learnt to sustain itself, the principle involved is the same. The 
 Church of England cannot abandon her old form of Episcopalian 
 polity and parochial order, for a " congregational presbyterianism 
 without any of its constitutional safeguards,"* in any, the smallest 
 of her parishes, without endangt'iing the peace and liarmony, the 
 growth and progress of the whole. 
 
 Let it not be thought then that the questions which arise in con- 
 nection with the extra-i)arochial or Mission Chapel are other than 
 important or momentous. In the beginning of our Prayer Book it 
 is declared that " although the keejnng or omitting of a ceremony, 
 in itself considered, is but a small thing ; yet the wilful and con- 
 
 See Hishop of Manclu'ster's Charge, November, 1881. 
 
 3 
 
I 
 
 : 'I 
 
 i' 
 
 
 s 
 
 £^ 
 
 w*. 
 
 22 
 
 tMiiptuons traiisirvossion and broakiiiL^ of a coninion order and 
 dist'ipliin', i.-? no small offence beibre (Jud." IJy the Canons of tin 
 Diocesan Synod of Fredericton, the IJisiioi) elected to the See i> 
 before his consecration t(» sok'nmly j)ronuse that he will teacli 
 and maintain " the doctrine and discipline' of the Church of lOnu- 
 land." When then we find our Church dcchiring in one of ib 
 most solcMun acts that all which is not of doctrine is of (lisci})linc: 
 when we iiiul in her no desire to depart from the laws of tin 
 Church of I'lnLcland further than local circumstances may recjuirc: 
 when we find that the body of the J'^nu'lish ecclesiasiical law i- 
 an undoubted ])art of discipline in that Church and in the Colo- 
 nial Church ; wlu'U we tind no discrimination made betwet'u wha; 
 part of discij)line is bindiuLT iUi^^ what is annulkd, the conclii 
 sion seems irre.-istib'e that this law, with necessary modification.- 
 still retiiins its authority among us. And if so, let us beware how 
 we tamper too hastily with its long tried ruK's. As our comnidi: 
 prayer ri'[)resents the piety, so does the ecclesiastical law of tin 
 Church of Enirland represent alike the wisdom antl the indej)eii- 
 dence of centuries. 
 
 " And what advantage can we reap by severing the tie with tin 
 Church of ]']ngland, in this particular, wheji tlie wisest of our 
 fathers cheri.-hed the connection in every other, as the pillar and 
 foundation of truth. Far from their thoughts and feelings W!i> 
 that pride of isolation and arrogance of judgment, which would 
 treat the Catholic Church as the newly reared fabric of its mem- 
 bers will : as if it were a body in itself, indebted to no one, rtdatci 
 to no one, without fathers, without brethren ; as if it Inul fallen 
 like the Konian sacred shield, inunediatelv from heaven I" 
 
 And what advanta<rcs do we not h 
 
 tlii- 
 
 .p,.. .... ... lose, wlien we disclaim 
 
 healthful and time honoured union ? We abandon (am 
 
 for a dim, untrodden path ) the road illumined by the shining light- 
 of English intellect in the Church and on the bench. For our im 
 struction and guidance we have the well-known names of Coke 
 Holt, and Hardwicke, of Nichols, Stowell, and Lee, in the tribumil- 
 of justice ; of Kidley, (Jibson, Stillingfleet, and a cloud of otlur- 
 among the English canonists. Under their auspices we shall lim. 
 ' happier walls ' than our own abilities can rear, or our own fancie 
 can devise. Here we may attain to certainty, the mother of (piict 
 ncss and repo.se." * 
 
 •■'Judge llofnuan. 
 
2:\ 
 
 1)111111011 order ami 
 the ( 'anoiis of tin 
 ■(■ted to tlu^ !Soe b 
 hat lu' will tcacli 
 (' C'liurcli of Kiiu- 
 riuLi' ill one of h- 
 ih' is of (liscipliiic: 
 II till' laws of tin 
 uici'.s may i'i'<(uirc: 
 cc'lcsiastical law i- 
 1 and ill tlu' Cold 
 \iu\(\ hctwt'cii wliu; 
 lulliMJ, the conclu 
 sary moditicatioii.- 
 
 let us hi'ware Imw 
 
 As our coiiiiiioi! 
 
 iastieal law of ilit 
 
 and the indepeii- 
 
 UiX the tie with tin 
 tlie wisest of oui 
 •, tis the pillar aim 
 « and feelinjis w:i> 
 u'lit, whieh would 
 fabric of its inem 
 
 I to no one, relattn; 
 s if it hail fallen 
 heaven I" 
 
 II we diselaini tlii- 
 We ahaiidon (am. 
 V the shiiiinji' liL:lii- 
 
 neli. For our in 
 n names of C'oki 
 ee, ill the tribunal- 
 
 a cloud of other- 
 pices we shall iim, 
 )r our own fancic 
 e inuther of (juicl 
 
 APPENDIX A. 
 
 PROThST. 
 
 W'lii'rciis. Iiy Acl ol' Asscinlily ( T,l \'if. c. "lU , "thai ]i;n't nl' the p;ii'i>Ii (if 
 " I'nrtlaiul ill till' ('oiiiUy oi S.iial .Jdliii wliicli li«.s to the c'a^iwanl n|' a line 
 "drawn alnii;;- ihr (H'litre of the street [la^iii;;' ovw tlie Mill liriiluc, anil cx- 
 " tending' nortlnvanlly to tiie Keniiclu'casis Ilivcr," \v:is "dci'laml In lie a 
 "sciiarate and distiiicl Parisli tor all imrposrs I'CTlesiastical, or rdatiii- in the 
 "(liurch of luiylund. Iiy tiii' iiainc ol' Tin,' Parish of Saint Paul." 
 
 And Wlnri'ts, sinci' the ert'ction nf the said eeclesiastical [larish, -i new 
 Clinrrh has hern erected therein, in plaee of ilie Church pix'vioiisly c'Xistinjj; 
 tlu'i'e, whieh said new Church, hy Act of As-;eiiil)ly '•'>'.'> \'ic. c. il*!, is enacted, 
 "shall he deemed and taken to he the Pari-li Church of the said Parish of 
 "Saint Paul." 
 
 And W'/iCinis, The Reverend \Vi!liain II. I)e\'i'hci' wa<, on llie I'ourth day 
 of ( Ictoher. in the year \^')\\ duly presented, indiKied, and instituted as 
 Rector of the said parish of.'^-aint Paul, and li.as ever since that time iieen, and 
 is now. Rector of the said Parish : 
 
 And W'hi'rriis, there is n'ood reason to helievi' that a Churi'h or Ciiape! of 
 the Church of Kn,i;]aiid is to l)i3 crci'ted on land within the said parish of Saint 
 Paul, anil in the vicinity of tiie paiisii >'hiirch, such Church oi- (.'ha}iel to lie 
 manai^ed independently.of the Rector of the said parish of Saint Paul. 
 
 And H7(c'/'(((.s', the Hector of the said Parish has never a->t'!ited to the 
 erection of tlu' said Cliurcli or Chapel: 
 
 An/( H 7/ (/•(■',' .N', the erection of the said Church or Chapel, to he so used, is 
 contrary to the wishes of tlie said Rector, and to the wishes of the Church 
 Wardens and Vestry of the s.aid Parish, and (it is helieved i of a very large 
 majoi'ity of the parishioners of the s.aid Parish : 
 
 ,1;/'/ ir/(('/'c<(.s', the erection of such Church or Chapel will necessarily cre;!te 
 a division in the (.'hurcli : 
 
 ,■{/('/ H7c/■('^^■, in the opinion of the said tlu' Rector, (liurch \\'ari!eiis and 
 Vestry, the erection of any such Church or Chapel wiliiin the limits ol' the 
 said Pari'-h, without the consent of the Rector of the said Pari-h, is in direct 
 violation ol' the rights of the said Reclor within the said Parish, and of the 
 law and usaii'c ^•ovel■nin^■ the Chnreh of I']n,<,daiul in such eases : 
 
 Tii!:ui;i'()i!i-: KKsuLVia), That the Rector of the said Parisli, on his own 
 behalf, (h)es herehy soleinly protest ; and the said the Kectiu', Church \Varil- 
 ens and N'estry of the parish of Saint Paul, do herehy, on hehalf of the said 
 Rector and the said Corporation, sidemnly iirotest aiiainst the erection, coii- 
 seeration, or licensing- for })uhlio worship of the Chureli of Knu'land, of any 
 Sncli Church or Chapel, or the intrusion of any Clerfiyman or Ch ruymon to 
 minister therein, without the assent i>f the Jleclur of the said [larisli of Saint 
 Paul. 
 
 The aliove Protest was forwarded t ) His Lordship the liisliop hy tlie Ves- 
 try Clerk, haviiii;' \)vtjn signed and the Corporate Seal ailixed hy the Rector of 
 the parish of Saint Paul. .\. copy was also sent to the Kev. J. .M. Davenport. _