10
3Synods elected, and eent representatives to it. Tou presided at the
opening of the proceedings, and until so much of the Constitution was
submitted as created separate housee. The Synod passed an address
to Her Majesty, thanking her for the appointment of a Metropolitan, and
unanimously adopted a form of declaration, which commenced as fol-
lows: " We, the Bishops of the United Church of England and Ireland,
within the Province of Canada, together with the delegates from the
clergy and laity of the Diocesan Synods, now assembled in the first Pro-
vincial Synod under Royal and constitutional authority, and intending
under God's blessing and guidance to consider and determine upon
such matters as shall appear necessary for the welfare of the Church in
this Province, desire to express our most humble and hearty thanks to
Almighty God, that it has pleased him in his Providence, to set over us
a Metropolitan, and thus to enable us, as in the ancient days, to assemble
in one body, under the direction of His holy Spirit, whose aid we now
invoke, in the name of His only begotten Son, for the consolidation and
advancement of his kingdom in this Province." At this first Synod a
Constitution was adopted, which provides for the convening of the
Synod by the Metropolitan, makes him the President of the House of
Bishops, and in various otherways recognizes his office and appoint-
ment. After the new Letters Patent reached you, you called the second
Provincial Synod, which was attended by delegates from all the Dioce-
san Synods, and at which an address was unanimously adopted, thank-
ing Her Majesty "' for her gracious compliance with the memorial for-
warded from the Provincial Synod at its first meeting," in relation to
the amended Letters-Patent, appointing a Metropolitan. A canon was
passed constituting a court of appeal from any Diocesan court to be
presided over by the Metropolitan. A committee was struck to con-
sider the question of the succession to the Metropolitan see, of which the
Bishop of Huron was a member, and which he and one of his clerical
delegates attended; and various other acts were done and resolutions
adopted, all recognizing your appointment and office, the validity of
which was never questioned by any motion or proceeding at either the
first or second Provincial Synod.
After this brief synopsis of our Synodical and other proceedings, I
now have to consider and advise your lordship on the following points:
1st. Had the Crown power to appoint a Metropolitan ?
2nd. If the Crown had that power, were the Letters-Patent vitiated
or made null by the provisions granting power to the Metropolitan, which
could not be`enforced ?
3rd. Had the Metropolitan, either by virtue of the Letters-Patent or
otherwise, power to convene the first meeting of the Provincial Synod ?