But above all, the 5th of Q. Anne, entitu led, An Act for fecuring the Church of Eng land, as by Law establish'd, re-inforces and confirms the 13th of Eliz. and the 12th of Charles II-and provides, That the King fhail fwear to maintain the faid Settlement, (i. e. by the faid Acts, which Acts comprehend the King's Dominions or Countries) of the Church of England, and the Government thereof, as by Law establish'd within the Kingdoms of England and Ireland, Dominion of Wales, and Town of Berwick upon Tweed, and the Territories thereunto belonging. And immediately declares, that this A& fhall be held a fundamental and effential Part of any Union between the two Kingdomis. May it please your Honours; By all the foregoing Acts, and by this Act in particular, it appears, that the Church of England, as establish'd in England, and no OTHER, is establish'd in all his Majefty's Plantations. And by the fame Act it appears, that to establish any OTHER, would be a Breach of the Union between the two Kingdoms. Therefore I humbly hope, that neither your Honours, nor you Gentlemen of the Jury, will look upon this Book, as written to the Scandal of the Ministers of the Go Spel, pel, established by Law in this Province; for it is a Defence of THEM and their SACRED CHARACTER. May it pleafe your Honours; I have a great deal more to fay in my Defence; but perceiving, that fo much Time is already lapfed, I fhall omit it, only begging Leave to fay fome few Things to the Jury. Gentlemen, I would have you seriously confider what you are about. Remember that the Book indicted is, The Short and Eafy Method with the DEISTS, an no other; a Book wrote in Defence of Christianity, in Defence of our Holy Faith, against the blafpheming Deifts. And tho' there are fome Paffages in the Indictment, which are spoken of the Congregational and Presbyterian Minifters in this Country; yet I would have you confider, that thofe Paffages are not in the Book indiEted, but in another. But granting that they were there, I befeech you, Gentlemen, to reflect with yourfelves, whether thofe gentle Methods of reasoning and perfwading, and those tender and compassionate Expoftulations with those Gentlemen, to make them seriously confider with themselves, of the Validity of that Commiffion by which they act: I fay, reflect (Gentlemen) whether this looks. like Malice, and whether, it should bring E upon upon me fuch a fevere Profecution, and is fufficient to demonftrate me a Criminal. I would have you confider, that I have suffered very much already on account of my Religion. May it please your Honours; I fhall now conclude, only beg leave to render Thanks for the Liberty granted to me (which was deny'd me at the Seffions) of making fo particular a Defence; and if in the Profecution of it, I have faid any Thing ungrateful to your Honours, I am fure you will forgive me, when you confider, that the nature of the Charge against me obliged me to fuch a manner of Defence. Wherefore, without any further Apology, I fhall fubmit it to your Honours, and to you Gentlemen of the Jury, with all that Humility that becomes a Chriftian. Hoping, nay, being well affured, that you will not find me guilty, nor this Book a Libel. The Jury's Verdict. John Checkley adfect' Dom. Reg. THE Fury find Specially; viz. If the Book entituled, A Short and Eafy Method with the DEISTS, containing in it a Difcourfe concerning Epifcopacy, published and many of them fold by the faid Checkley) be a falfe and fcandalous Libel; Then we find find the faid Checkley guilty of all and every Part of the Indictment (excepting that fuppofed to traduce and draw into dispute the undoubted Right and Title of our Sovereign Lord King George, to the Kingdoms of Great-Britain and Ireland, and the Territories thereto belonging)---But if the faid Book, containing a Difcourfe concerning Epif copacy as aforesaid, be not a falfe and Scandalous Libel; Then we find him not guilty. N Att' Samuel Tyley, Clerc. The Plea in Arrest of Judgment. May it please your Honours, Otwithstanding that I have been heard fo fully by my Counfel, in Arrest of Judgment; I muft yet beg Leave of your Honours, to fay fomething further myfelf on the fame Plea, why Judgment ought to be Arrested. May it please your Honours; Upon my Trial at the Seffions, it was often declar'd from the Bench, that they would not have me fuppofe, that I was to be tried for writing any Thing in the Defence of the Church of England and of Epifcopacy, against the Presbyterian or Congregational Minifters in this Country :- NO, by no Means! for the Minifters were able to defend themselves. And to demonftrate to your Honours that their Worships defigned to amend the IndictE 2 ment ment in that Particular, they ordered the The Jury found me guilty of imagining and contriving, by the Subtility of Arguments, to traduce the Title of His prefent Majefty. (For it cannot be fuppofed, that they found me guilty of any Thing elfe, fince that and that only, by Order of the Worshipful Bench, was all the Charge against me.) And an heavy Judgment was thereupon given. From which Judgment I appealed to this Honourable Court; and after a full and fair Hearing, have been acquitted abfolutely by a Verdict of Twelve Men, from being guilty of traducing and drawing into dispute the undoubted Right and Title of our Sovereign Lord King George, to the Kingdoms of Great-Britain and Ireland, and the Territories thereto belonging. This was the Charge against me; and of this and this only, was I found guilty in the lower Court. But the Verdict of the Jury in this Honourable Court, is an abfolute Reversion of the Jury's Verdict before the Seffions. Wherefore I humbly hope, that this alone (if there were nothing elfe) will be thought fufficient, why Judgment fhould not be given against me. For, with all due Submiffion, I cannot yet believe, that your Honours, in your fu periour |