That Memorial No.5 (from the Diocese of Nova Scotia) viz.:
"That this Diocesan Synod of Nova Scotia ask the General Synod of the Anglican Church of Canada at its next session to memorialize the Archbishops and the Convocations of the Provinces of Canterbury and York of the Church of England, along the lines of the following memorial:
`Whereas by Chapter 77, of the Acts of British Parliament (37-38 Victoria, 1874) known as "The Colonial Clergy Act of 1874," it was enacted as follows:
"3. No person who has been or shall be ordained priest or deacon, as the case may be, by any bishop other than a bishop of the diocese in one of the Churches (England, Scotland, Ireland) shall, unless he shall hold or have previously held preferment or a curacy in England, officiate as such priest or deacon in any church or chapel in England, without written permission from the Archbishop of the Province, in which he proposes to officiate, and without also making and subscribing so much of the declaration contained in The Clerical Subscription Act 1865, as follows: (that is to say): I assent to the thirty-nine Articles of Religion and to the Book of Common Prayer, and of the ordering of Bishops, Priests and Deacons. I believe the doctrine of the Church of England as therein set forth to be agreeable to the word of God; and in Public Prayer and Administration of the Sacraments, I whilst ministering in England, will use the form in the said Book prescribed, and none other, except so far as shall be ordered by lawful authority."
Such declaration, with the exception of the words in brackets, being in similar terms with that in the relevant Canons in the Canadian Church.
And whereas by the same Act of Parliament it was further enacted as follows:
"4. No person who has been or shall be ordained priest or deacon, as the case may be, by any bishop other than a bishop of a diocese, in one of the Churches aforesaid, shall be entitled as such priest or deacon to be admitted or instituted to any benefice or other ecclesiastical preferment in England, or to act as curate therein, without the previous consent in writing of the Bishop of the Diocese in which such preferment or curacy may be situate."
"6. All appointments, admissions, institutions, or inductions to ecclesiastical preferment in England, and all appointments to act as curate therein, which shall hereafter be made, contrary to the provisions of this Act, shall be null and void.
7. If any person shall officiate as priest or deacon in any church or chapel in England contrary to the provisions of this Act, or if any bishop not being bishop of a diocese in England, shall perform episcopal functions in any such church or chapel, without the consent in writing of the bishop of the diocese, in which such church or chapel is situate, he shall, for every such offence, forfeit and pay the sum of ten pounds to the Governors of Queen Anne's Bounty, to be recovered by action brought within six months after the commission of such offence by the Treasurer of the said Bounty in one of Her Majesty's Superior Courts of Common Law, and the incumbent or curate of any church or chapel, who shall knowingly allow such offence to be committed therein, shall be subject to a like penalty, to be recovered in the same manner."
And whereas the requirements of this Act have continued in force until the present time, notwithstanding the recognition of 1893 of the Church in Canada as an autonomous Church and member of the Anglican Communion and of equal standing in such Anglican Communion as the Protestant Episcopal Church of the United States of America and other Churches, within and outside the British Commonwealth and Empire.
And whereas in the opinion of this General Synod, the provisions of such Act have become and are now archaic, unreasonable and unduly restrictive and should be repealed or replaced by other discriminatory regulations applicable to all clergy throughout the Anglican Communion under which the clergy in Canada and other parts of the Anglican Communion, desirous of serving for a time in England may be able to correspond directly with the diocesan bishop concerned and obtain the necessary permission.
This General Synod of the Anglican Church of Canada requests the Archbishops and Convocations of Canterbury and York to take or cause to be taken such action as may be necessary to have such restrictive legislation repealed and replaced by regulations which shall be, if possible, uniform throughout the Anglican Communion.'
be referred to the National Executive Council for consideration and report."
Text of motion
That we concur in Message U23 and U23. CARRIED Message L-64.