The method followed by Bishop Selwyn was that which he derived from the primitive Church. The bishop and his clergy formed a "synod" which could enact "canons" for the regulation of the faithful. But something more was evidently needed; and this, too, seemed to spring into existence in the memorable year 1850, which marked in so many ways the turn of the tide in the New Zealand Church.

The self-same month which witnessed the departure of Henry Williams from Paihia, beheld his great antagonist, Sir George Grey, laid upon a bed of sickness at New Plymouth. There is no absolute proof that the archdeacon's case was consciously before the governor's mind, though it is hard to think that it was not. But it is certain that his thoughts were drawn at this juncture to the question of the government and unity of the Church. As Bishop Selwyn put it long afterwards: "There was something more touching in the origin of that constitution than persons are generally aware of. The first draft of the present constitution was drawn by Sir George Grey on a sick bed at Taranaki; and it was the fruit of those feelings which come upon the mind in sickness, when a man sets aside thoughts of government and the cares of this world, and knows, as a Christian man, that he has something better to think of than the perishable things of this life. His Excellency has produced what has been of great spiritual benefit to the Church in this country."

The chief point about the governor's scheme was the inclusion of the laity in the government of the Church. Of course this was not an altogether original feature. It had already been adopted by the American branch of the Anglican communion. During the years that followed the promulgation of Grey's scheme, American theological halls were echoing to such sentiments as this: "The power of self-government is advocated over all the Colonial Churches of the British Empire. Why is it that the Churches in New Zealand and New South Wales are demanding synodical action and lay representation? It is our influence and our example." The American origin of the Grey document is clearly shown by the term "Convention," which was used to describe the proposed legislative body. The bishops were to sit apart in one house; clerical and lay representatives were to sit together, but to vote separately, in another. The provisions of the document were simply but clearly drawn, and they foreshadow in most points the completed constitution of 1857. One matter of detail was allowed to creep into the fundamental provisions: church pews might be appropriated, but not charged for!

When Selwyn received this draft, he at once expressed his willingness to adopt it if it should be supported by a considerable number of churchpeople. The governor therefore set himself to secure signatures to a letter urging its acceptance upon the bishop. In this he succeeded beyond his expectations. In Auckland the letter was signed by "the General, the Chief Justice, the principal military officers, by all the clergy in the neighbourhood, by all the principal merchants who are members of our Church, and by a large number of other persons." The total, in fact, reached 94; and the column is headed by the simple signatures, "G. Grey," and "Wm. Martin." A good body of signatures was appended from Taranaki, Wanganui, and Nelson; none from Wellington or the eastern district. The names of the brothers Williams, of course, do not appear, but some of the other missionaries were found willing to sign—Kissling, Maunsell, Morgan, Ashwell, and Taylor.

With this document the bishop sailed for Sydney, to attend the meeting of bishops already referred to. The Australian prelates were entirely in favour of synodical action, but they were not prepared to follow the Grey scheme in its entirety. Their plan was for bishop and clergy to constitute a "synod" (as in ancient times), but that lay representatives should at the same time hold a "convention," which should have the right of veto on certain of the decisions of the "synod." As the name "G. A. New Zealand" appears among the list of signatories, it may be presumed that he concurred in this rather clumsy scheme; but in the following year he acted in the opposite direction by inviting Mr. Godley and another layman to sit in conference with the clergy of the diocese of Christchurch.

The points of difference between the rival schemes do not appear in the next act. In 1852 the bishop put forth a pastoral letter, in which he called the attention of the churchmen of New Zealand to the absolute necessity for providing some church authority. The colony had just received its civil constitution: the Church must have one too. As to whether laymen should sit with the clergy or not, the bishop leaves the matter open. But he adopts a proviso upon which both Sir George Grey and the Australian bishops had insisted, viz., that whatever convention or synod might be set up, it should have no power to alter the doctrine and ritual of the Church of England, or the Authorised Version of the Bible.

No point in the final constitution of the New Zealand Church has been more criticised than this. What was the precise object of its insertion? Of course, the natural conservatism of the churchly mind would account for much, but not for all. What national church ever before tied its own hands in this deliberate way? But was the Church of New Zealand to be a national church? That was exactly the point which had chief influence with the statesmen and lawyers to whom the constitution is mainly due. To them the Royal Supremacy stood first. Nothing must be done which could in any way infringe upon the prerogatives of the Crown. Only in the possible case of a separation of Church and State in England, or in the case of a political separation of New Zealand from the Mother Country, could there be any liberty in these all-important points. Then the liberty might be absolute and complete.

But there was one man in New Zealand who saw farther than the rest. Godley would have none of the Grey scheme, and he persuaded his fellow churchmen of Canterbury to put forth a protest against it. Any plan for the government of the Church should emanate (they argued) from the episcopate, and should be dutifully accepted by the faithful. They themselves would therefore refrain from any detailed suggestions, but they strongly maintained the right of even the infant Church of New Zealand to deal, if necessary, with questions of doctrine and ritual, and even of the translation of the Scriptures. Cordially as they were attached to their Prayer Book and to their Bible, they yet could foresee a time when occasion might arise for change.

What Selwyn's own feeling on this matter might be, it is not easy to discover. But as, in their conversations at Lyttelton, he and Mr. Godley always found themselves in agreement, it seems not unlikely that on this point also the minds of the two men were in accord. But the bishop could not do as he would in this as in many other matters. The Committee of the C.M.S. had already taken alarm at a step which seemed likely to separate the colonial Church from that of the Mother Country, and they sent out instructions to their missionaries forbidding them to take part in the proposed convention.[10] This was one of the reasons which prompted the visit of the bishop to England in 1854. Before he set sail, however, he had called meetings in all the different centres of population; at these meetings he had laid his scheme before the Church, and he had carefully codified the criticisms which were offered. In most localities the draft was accepted as it stood. Auckland seems to have devised the idea of uniting bishop, clergy, and laity in one chamber. Christchurch had lost its man of insight through Godley's departure, and it now swung round into a merely conservative position. It joined with the rest of the settlements in insisting upon the principle of the Grey scheme, by which the Prayer Book and Authorised Version of the Bible were declared to be outside the powers of any New Zealand synod.

The disappearance of Godley, with his visions of independence, made the task of the bishop more easy when he confronted the Committee of the Church Missionary Society. He was able to assure these cautious men as to the inoffensive character of his proposals. "The Committee now understood," writes their historian, Dr. Eugene Stock, "that no separation from the Church of England was intended; that the Queen's supremacy was recognised; that questions of doctrine and ritual would be excluded from the purview of the synods; and that the interests of the Maori Christians would be cared for." They accordingly withdrew their former instructions, and now signified their approval of the missionaries joining with the bishop in the proposed organisation of the Church.