V. I observe, by the second paragraph of this law, any association of ministers are subjected to the before-mentioned penalty,
That shall undertake to examine or license any candidate for the ministry, or assume to themselves the decision of any controversy, or to counsel and advise in any affair that by the Say-Brook Platform is within the province and jurisdiction of any other association: Then and in such case every member that shall be present in such association so licensing, deciding or counselling, shall be each and every of them denied and secluded the benefit of any law of this colony made for the support and encouragement of the gospel-ministry.
Now this is subjecting men to a heavy punishment, for no crime against the civil state, nay for deeds in themselves good, and such as may be very serviceable to the interests of religion, as well as what may happen to be otherwise; for so the acts of any association sometimes may be, that are allowed of by this law.
As they who drew up the platform, tho’t it would be best for the candidates of the ministry to be examined, so they no doubt tho’t every association had men of learning and fidelity to do it: and if it were done by any of them, the great end proposed in such examination would be answered. And suppose the association of New-London county should examine and license a candidate, that belonged to the New-Haven association, may it not be supposed it would be as well done, and as well answer the end, as if done in New-Haven. Or if a parish within the district of New-Haven association, destitute of a minister, should after they had tried one candidate and another, which they had been advised to by the association, and not suited by any of them, ask advice of New-London association, and they advise them to one within their limits, who they judge well qualified for the ministry, whom upon trial they judge so too, and so are well suited in a minister, what harm comes of this? or what iniquity was there in the act of New-London association advising in that case? How often have churches found it needful to do so, and religion been served by it? How often have they gone out of the colony for such advice, and the ministers of the Massachusetts advised churches in Connecticut in such a case, on their application for it; and so on the contrary, ministers in Connecticut, advised churches in the Massachusetts? Where lies the difference! or was this always criminal in its own nature! or if not, why should a whole association of ministers, for doing what I have above instanced in, be stripped of their livings, as it seems by this law they must! And what is more extraordinary still, a minister’s meerly being present when it is done, renders him liable to this punishment, whether he has any hand in it or no; nay, for ought appears, if he should protest against it, yet he escapes no part of the penalty. The crime, it seems, is of such a nature, that if a man be in the same room, tho’ he protests against the action, he is still equally faulty with the actors: for since he is equally punished, he must be supposed equally faulty. I don’t imagine, you will envy any set of men the glory of such a rare invention. But to finish on this head; nothing is more evident, than that such an examination or advice, now instanced in, does not touch the civil peace; and certainly therefore, the civil authority go out of their line to make this penal law. And how near this comes to turning judgment into wormwood, may deserve the serious consideration of some.
VI. The fourth paragraph respects a licensed candidate’s or any layman’s publickly preaching and exhorting in any parish, not desired in such manner as expressed in the first paragraph. On which I shall but briefly observe, that the words expressive of the offence, are of so loose or general signification, as that a person merely for religious discourse, or the most savoury advice, seasonably and prudently given at any private religious meeting of Christians, is liable to be treated as an offender; and if I have not been misinformed, there have been instances of this: However that be, there is danger of it. Or if a man going into any publick house, should hear a company talking profanely and wickedly, and thereupon seriously lay open their sin, and gravely advise them thereupon, he would be liable to be treated as an offender; and as the hands may be, into which he might happen to fall, he would not escape it. But further, if it be supposed such preaching and exhorting there referred to, be a disorder sometimes, yet it is not always so: but whenever it is so (unless you suppose it done to the interruption of some lawful assembly) it is no breach of the peace, and comes not under civil cognizance. Such disorderly persons ought to be proceeded against in an ecclesiastical manner, agreable to the laws of CHRIST.
VII. I come now to the last paragraph, which runs thus:
That if any foreigner or stranger that is not an inhabitant within this colony, including as well such persons, that have no ecclesiastical character, or license to preach, as such as have received ordination or license to preach by any association or presbytery, shall presume to preach, teach or publickly to exhort in any town or society within this colony, without the desire and license of the settled minister and the major part of the church of such town or society; or at the call and desire of the church and inhabitants of such town or society, provided that it so happen that there is no settled minister there; that every such teacher or exhorter shall be sent (as a vagrant person) by warrant from any one assistant or justice of the peace from constable to constable, out of the bounds of this colony.
Since which, you tell me, there has been last October an addition made, viz.
That whoso thus offends shall pay the costs of his transportation; and if he returns again and offends in such sort, it is made the duty of any assistant or justice of the peace that shall be informed thereof, to cause such person to be apprehended and brought before him, and if found guilty, to give judgment that such person shall become bound in the penal sum of an hundred pounds lawful money, to his peaceable and good behaviour until the next county court, in the county where the offence shall be committed, and that such person will not offend again in like manner; and the county court may (if they see cause) further bind &c. during their pleasure.
Occasioned, as I am informed, by that good gentleman Mr. Finl[e]y’s coming at the direction of a presbytery in the New-Jersey government, who had been applied to for a minister, and preaching to a Presbyterian church at Milford, who had join’d themselves to that presbytery and put themselves under their care; for which being transported out of the government, he returned and preached to a congregational church at New-Haven, who had been allowed, as well as the former at Milford, to be a society for the worshipping of God, by the county court at New-Haven, by virtue of a law formerly made for the ease of such as soberly dissent from the way of worship and ministry established by the laws of Connecticut; and for this he was adjudged by the civil authority to be transported again, which was but in part effected thro’ the negligence of some officer; and, I’m told, he returned and preached again. This his preaching and exhorting, it seems, greatly disquieted and disturbed the people; as the preamble to this act expresses it. Is it not strange, the preaching of that peaceable and humble Christian (as you confess his behaviour bespoke him to be while in the colony) unto a number of people, who had right to hear the gospel preached from him, should greatly disquiet and disturb such as had their choice in hearing others! Or could it disquiet and disturb any minds except such as can’t bear their Christian neighbours should enjoy their unalienable rights! But to return to the before mentioned last paragraph, I observe, that any stranger, not an inhabitant in the colony, who has received ordination or license to preach from any association or presbytery, that shall presume to preach undesired, as expressed in the paragraph, is liable to be treated as a vagrant, unworthy to tread on that spot of earth: But if he should happen to be licensed by the patriarch of Greece, a super-intendant of Denmark, or any bishop, he may escape the lash of this law. If the coming in of a stranger and preaching in such a manner be such a breach of the peace, as is punishable by the state, why should there be such partiality? Why should Dr. Watt’s preaching in such manner in Connecticut be a greater crime, because ordained by a presbytery, than any other stranger’s doing so that was licensed by a patriarch or bishop, &c. However, that is much less to be wondered at, than such treatment as this law subjects orthodox ministers to, even the best ministers of Christ upon earth, for a mere non-conformity to a certain point of order, that never took place (I suppose) in any church upon earth.
But to be as brief as may be in the consideration of