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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 1 letter of the Lambeth Conference of 1908, 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 is to be set ? What is the autonomy " up precise meaning of the phrase particular or national churches" in our 34th Article ? And again, is there any " nexus to the of these national and safeguard " orthodoxy 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 the state of affairs and the readiness of remedy present ; by 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 at an there ; appears opportune moment, and 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 the present time, the Australian Church is at- tempting with an unprecedented determination to ATset 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 effective an ideal successfully overcome ; unity has been 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 interest ; correspondingly greater resulting from this diversity has been a more than adequate compensation. Chapter I, which is of the nature of an intro- need be read the it deals duction, only by unsophisticated ; 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 in the Palace in Act Books Lambeth Library ; but 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 I consider the defects as well as the merits point out what of his volume the only previous work on the subject I am but following the noble spirit of its author.