Thus far Mr. Pemberton.

And I firmly believe that your Honours, and most of the Presbyterian and Congregational Minifters in this Country, are of the fame Opinion with this Great Man. Therefore I fhall fay no more upon this Head.

Believing that what I have offered, will fully convince your Honours, and you Gentlemen of the Jury, what is the true Meaning and Defign of this Claufe, Was there ever a time in the World when all Mankind (all but the Usurpers!) were all asleep; and that it was not fpoken concerning Civil Government at all, and therefore impoffible to be any Reflection upon His prefent Majefty's Title to the Crown of England; and at the fame time demonftrate, that the ranking of fuch Men who deny the uninterrupted Succeffion of the Priesthood under the Gospel, with Deifts, notwithstanding it is Part of the Charge against me, that yet it is no Crime; even your Honours, the late Mr. Pemberton, the General Assembly of Scotland, and the Affembly of Divines at Westminster, being my Judges,

With your Honours Permiffion, I fhall now defcend to another Part of the Charge againft me, and of another Nature; viz. Ŏf fcandalizing the Minifters of the Gospel by Law established in this Province,

And I doubt not but that I fhall fully clear my felf from this Part of the Charge likewife. Wherefore,

Wherefore, in order to my Vindication, I fhall endeavour fuccinctly to prove thefe three Propofitions.

ift, That no Acts of Affembly in this Province, either by Right, could, or, in Fact, have established any way of Worship and Ministry, whether Presbyterian or Congregational; fo as to make THAT the Establishment, and the Epifcopal Churches to be Dif fenters.

2dly, That by a just and true Construction of the Laws of this very Province, the Church of England is established here.

3dly, That by the Laws of England, the Church of England, as established in England, and NO OTHER, is pofitively established in all his Majefty's Plantations.

I fhall now endeavour to prove the first Part of the firft Propofition, viz. That no Acts of this Province, by Right, could eftablish any way of Worfhip and Miniftry, fo as to make THAT the Eftablishment, and the Epifcopal Churches to be Diffenters.

May it please your Honours. As the Books fay, a Law made against the Law of God is void; fo the Charter to this Province from whence we derive our Power to make Acts and Laws, referves and exprefsly provides, that no Ait fball be made repugnant to the Laws of England, which therefore, if made, would be ipfo facto VOID.

If

If therefore I can prove, that the Church of England is by the Laws of England established in the Plantations, and NO OTHER; then the establishing any OTHER, and making the Church of England to be Diffenters, is plainly repugnant to the Laws of England, and confequently inconfiftent with and against our Charter, and therefore

VOID.

As to the fecond Part of the first Propofition viz. That no Laws of this Province, in Fact, have established any way of Worship and Miniftry, fo as to make THAT the Establishment, and the Epifcopal Churches to be Diffenters.

May it please your Honours, and you Gentlemen of the Jury: Had these Acts (for Inftance) confirmed the Plat-form, and the Ministry pursuant to that, then in Fact they had (or at least had attempted to have) eftablished another Way and Ministry.

But thefe Laws make ufe only of general Terms, in relation to any way of Worship and Miniftry, without ever mentioning either the Presbyterian or Congregational by Name; therefore I humbly conceive, that neither of thefe can be the Eftablifement, to the Exclufion of the Epifcopal Churches, and fo as to make them the Dif Senters.

I fhall now endeavour to make good my fecond Propofition, which is this,

That

That by a just and true Conftruction of the Laws of this very Province, the Church of England is established here.

And in order to it, I must ask leave of your Honours to premise a few things:

ift, That where the Acts of Affembly make use of any Words, and do not explain what they mean by them, I humbly conceive, that fuch Words fhall be conftrued according to the Laws of England.

As for Inftance, the word Libel and Defamation in the Act about Criminals. The Word, Fee-Simple, in the Act for Diftribution of Inheritances, &c.

2dly, Where two Expofitions may be of an Act, and the one is agreeable to the Laws of England, and the other contrariant or repugnant to them; I moft humbly believe, that your Honours will take it in the firft Senfe, and not in the latter.

Now, without reciting all the Laws relating to Publick Worship and Miniftry, which would take up too much time, though I have them all ready, if your Honours fhall think it neceffary, I believe it will be fufficient to remark, that the Acts of Affembly make ufe ONLY of indefinite Expreffions and general Terms.

For Example, in the 4th and 5th of William and Mary, the A&t makes mention of a gathered Church, and provides, that the Minister fhall be chofen according D

to

to the Direction given in the Word of God; and the Laws likewife ordain, that each Town fhall have an Orthodox Minifter, or Minifters.

But these Acts no where explain what thofe Directions in the Word of God are, nor what is meant by an Orthodox Minifter.

So that, I humbly conceive, Recourfe must be had to the Laws of England, as is ufual in like Cafes, to know the true and undisguised meaning of these general Terms and indefinite Expreffions.

And I am fure I need not inform your Honours, what the Laws of England mean by the Words Church and Orthodox Minifter.

But that the Gentlemen of the Jury (who can't be fupposed to be fo well acquainted with the Laws of England) may know what they mean; I moft humbly entreat your Honours Patience, while I recite Part of the 13th of Eliz. Chapter 12. which was defigned to fettle Orthodoxy, and declares who fhall be deemed Orthodox Minifters.

The A&t runs thus, "That the Churches of the Queen's Ma"jefty's Dominions may be "Paftors of found Religion: "ed by the Authority of the liament, That every Perfon

served with Be it enactprefent Parunder the " Degree