Ashfield, Nov. 11, 1771
We the subscribers, who have been summoned to prove an indictment against Chileab Smith, of his coining and putting off bad money, do testify and say, that we did not, nor cannot understandingly attest to one tittle of the indictment, nor of any circumstance tending to prove the same. And we never saw nor heard any thing in him that gave the least ground to mistrust, that he kept a shop of secrecy, or did any thing there that he was afraid should be known; and do believe the reports to the contrary are entirely false. As neither did we in our judgments hear any of the said indictment in any measure proved by any of the rest of the evidences; as witness our hands,
Ebenezer Sprague,
Nathaniel Harvey,
Jonathan Sprague,
Nathan Chapin,
Moses Smith, 2d.
Chileab Smith, jun.
Nehemiah Sprague.
Also Leonard Pike, to whom the report was that Mr. Smith had put off a bad dollar, gave from under his hand that said report had no truth in it. These are eight of the ten witnesses that were summoned against Mr. Smith; & tho’ much pains was taken to procure evidence against him at the superior court, yet he was entirely acquitted; and the law was open for him to come back for damages, for a malicious prosecution; but they had contrived to have the complaint against him entered by a bankrupt, so that no recompence might be obtained by him. Are these the goodly fruits of having a particular mode of worship established by law, and their ministers supported by force!
Though we are often accused of complaining without reason, yet no longer ago than the 26th of last January, three men of good credit, belonging to a numerous and regular baptist society in Chelmsford, were seized for ministerial rates (notwithstanding they had given in a list according to law) and though one of them was above four score years old, another very infirm in body, while the third had no man at home, able to take care of the out-door affairs of his numerous family, yet they, in that cold season, were all carried prisoners to Concord gaol.
These accounts we have received from good authority, and have taken great pains to have them stated as exactly and truly as possible; and if any can point out the least mistake in what has been now related, we shall be glad to correct it. At the same time we are far from charging all the evils we complain of, upon the whole congregational denomination without distinction; for we believe there are many among them in various stations, who are sorely grieved at these oppressions. We are willing also to make all the allowance that is reasonable, for the influence of old customs, education and other prejudices, in those who have injured their neighbours in these affairs; but is it not high time now to awake, and seek for a more thorough reformation! We agree with the committee of our honored legislature in saying, there is an essential difference between persons being taxed where they are represented, and being taxed where they are not so; therefore the whole matter very much turns upon this point, viz. Whether our civil legislature are in truth our representatives in religious affairs, or not? As God has always claimed it as his prerogative, to appoint who shall be his ministers, and how they shall be supported, so under the gospel, the peoples communications to Christ’s ministers and members, are called sacrifices with which God is well-pleased. Phil. 4. 18. Heb. 13, 16–18. And what government on earth ever had, or ever can have any power to make or execute any laws to appoint and enforce sacrifices to God!
In civil states the power of the whole collective body is vested in a few hands, that they may with better advantage defend themselves against injuries from abroad, and correct abuses at home, for which end a few have a right to judge for the whole society; but in religion each one has an equal right to judge for himself; for we must all appear before the judgment seat of Christ, that every one may receive the things done in his body, according to that he hath done (not what any earthly representative hath done for him) 2 Cor. 5. 10. And we freely confess that we can find no more warrant from divine truth, for any people on earth to constitute any men their representatives, to make laws to impose religious taxes, than they have to appoint Peter or the Virgin Mary to represent them before the throne above. We are therefore brought to a stop about paying so much regard to such laws, as to give in annual certificates to the other denomination, as we have formerly done.
1. Because the very nature of such a practice implies an acknowledgment, that the civil power has a right to set one religious sect up above another, else why need we give certificates to them any more than they to us? It is a tacit allowance that they have a right to make laws about such things, which we believe in our consciences they have not. For,
2. By the foregoing address to our legislature, and their committees report thereon, it is evident, that they claim a right to tax us from civil obligation, as being the representatives of the people. But how came a civil community by any ecclesiastical power? how came the kingdoms of this world to have a right to govern in Christ’s kingdom which is not of this world!
3. That constitution not only emboldens people to judge the liberty of other mens consciences, and has carried them so far as to tell our general assembly, that they conceived it to be a duty they owed to God and their country, not to be dispensed with, to lay before them the springs of their neighbours actions;* but it also requires something of the same nature from us. Their laws require us annually to certify to them, what our belief is concerning the conscience of every person that assembles with us, as the condition of their being exempted from taxes to other’s worship. And only because our brethren in Bellingham, left that clause about the conscience out of their certificates last year, a number of their society who live at Mendon were taxed, and lately suffered the spoiling of their goods to uphold pedobaptist worship.
4. The scheme we oppose evidently tends to destroy the purity and life of religion; for the inspired apostle assures us, that the church is espoused as a chaste virgin to Christ, and is obliged to be subject to him in every thing, as a true wife is to her husband. Now the most chaste domestic obedience, does not at all interfere with any lawful subjection to civil authority; but for a woman to admit the highest ruler in a nation into her husband’s place, would be adultery or whoredom; and how often are mens inventions about worship so called in the sacred oracles?† And does it not greatly concern us all, earnestly to search out and put away such evils, as we would desire to escape the awful judgments that such wickedness has brought on other nations! Especially if we consider that not only the purity, but also the very life and being of religion among us is concerned therein; for ’tis evident that Christ has given as plain laws to determine what the duty of people is to his ministers, as he has the duty of ministers to his people; and most certainly he is as able to enforce the one as the other. The common plea of our opponents is, that