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CLARK BENTOM, PROTESTANT MISSIONARY FROM THE LONDON MISSIONARY SOCIETY, FOR THE ASSUMPTION OF THE OFFICE OF A DISSENTING MINISTER OF THE GOSPEL, IN QUEBEC, BY THE KING'S ATTORNEY GENERAL OF LOWER CANADA, If thou fccft the opprcir.nn of tW- poor, and violent pervcrtitwof \u,U. .mm and juftuv m, a prov.nrc. .nar-'d not at thr n^-.ttcr ; for he that h higher than the higheft regardcth.and there be liijrhcr than thev. S,u,n:on. Fkar not tlum worm Jacob, thou H.alt thrclli the Mountains, and beat thcni Imall. Ifiijfj. * T ROY: ♦»RIN TED FOR THF. AUTHOR, BY O. PENNIMAN & CO, PREFACE. 1 HE fellowlwg publication will, I humbly fuppofe, afford an anfwer to the enquiries of my friends and the public ; who have expreffed an earneft defne of po/fcffing a clear account of the fingular fpecies of perfecution, railed in Quebec againd me and the congregation whom I ferve in the gofpel of Chriit. My adverfaries, I well know, will difclaim the idea of perfecul tion for confcience fake ; yet who that reads the following pa- ges, with the leaft degree of attention, can give their proceed- ings, defigned to difpoffefs me of my palbral office, any other name? I was confcientioufly called by the -congregation to minifter unto them in all holy things, and I confcientioufly un- dertook, as God fhould affid me, to be their fpiritual guide and paRor under the true Bilhop of fouls, Chrift Jefus : confe- quentl} very endeavour to prevent me fulHlling the duties of JTiy office, muft partake more or lefs of religious perfecution. If a law actually exilled which fandtioned the condud of my opponents, that law would be a perfccuting one, which in the prefent age would dilgrace the legal inltitutions of the coun- try ; but jufticc obliges me to fay, that in this indance the whole dilhonor and criminality lie at tlie door of interelled in- dividuals ; who, I fear, feek more their own lionor and advan- tage than the honor and advantage of their Sovereign, or tJie peace and profperity of the Canadian Provinces. The j^rofecutors pretend they have no deCign on the corgre- gation, to pii.\'ent them worfliipping God according to the dic- tates of tlioir confciencier ; but this is a veil too diin to liide their intentions "Smite the llicpherd and tlie flieep will be Icattercd," is a iruth fufficiently plain to be undcrftood by the wcakelt capacity. How can a jieople be tolerated whole mi- niiler is not allowed to perform all tlie l'unch"ons of tlie Chrif- tiaii niinidry? What an inlult to the underllandings of men, to ttll ihem, "You are *Vee to ciioolc your own religion ; your riiiuiiler, notwithdanding, is froe only to officiate in' fuch parti ol his duty as we plealc to jud;j-e convenient." TiiK realbns of my thus making tlie world acquainted with the whole proceedings, are not reveng<>, nor the leall fadious dciign of i;il\ihing the government or its oUicers, as certain creatures (il ijie pro/incial niinilhy in.'huiate. So far was I Ironi feekip.g to aven^^v uiylclf, tliat had the proceedings beeij .— -r m ft.iycd when I applied to the Attorney General for that pur- pole, January 71I1, 1804, laying helore liini in the |nc(ei;ce of Mr. VV'illian) Laini^, en eUlcr of my cliurch, a tcllInKmirtl of oidination, and a written declaration of ilu- coTigrc(!;ation Ihit- ing that I was tlieir a])]KMnted, accepted iiallor in all holy tilings ; 1 Jhould not h.ave llirred another Pap in the hufmefs, notwiihltaiuling the great injuliiee and ahiiie 1 had fufTered ; hut Hnding he llill perlitled in tlic profecutioU; wuJi llie s^reat- vii ohllinacy, holding me up as a criminal ading without law, fif comie a dangerous member of fociety, which is the dircifV tendency, and I fnppofe one intendL-d effect of the ]n-nfecution ; I tli')ught, as did my congregation, that it hecame my indii- pcnfdne d'Hy to lay the entire bui'inefs before the Honfe of Conmions (\f On>at Brivain and tlic pMi)lic at large, left our civil in.muni:!( s ihould he wreiled from us and the religious liberty ot tlio couii'ry mmtally Avounued, under the dark cloud of p'>l''ii^''l intiig'.je and h w (luii)hle. Ir the proiecutiinr had bei:n f<:)undcd in law and lawfully conchn'leti, and could I lutve obtained dilmterefted legal advice, there would have been doubtloro an impropriety in addrelFing the public on the i'ubject, before it was brought to a legal if- iue ; but as it ajipears altogether intlituted in defiance of the conllitution oi the Canadas, and the ufage of law courts, and inmecciraiily delayed, it muJl be confcifed I am fully juftified in fecking prnteclion in the public opinion. What confidence I had to place in the equity of the Court of King's B'jr.ch, I lliall leave others to judge, be^>ging them only to n'coll.'d, FiRSf, That feveral of the Judges arc my adverfe party, having rvfufed to ugn my annual regiller of baptifms, marria- ges and ileaths ; of eourfe in giving judgment againft me they ■\v(Mild jnllify themfelvc-s. Si;coNm,v, The honoral^le court admitted an information <|U0 v, an.u.;.), to be tiled in a crimiiial feflion againll me, for the aHun;i','Ji;n cA' the oflice of a dilienting minitter of the gof- pel, wiiluuit th.e exiilcnce of a law that made fuch an action criminul, or the ftation I held a public cfhce. Thirdly, The taid court ifTued a criminal warrant, v.licre- hy 1 was mad.e a prifon.er before them, without a crime againft the laws of mv country laid to mv ciiarpe. roi'RTHt.v, The court obliged ine, taken up as a criminal, to hie a fpecial plea, or remain a prlfoner <-.n bail. Fn-THi.v, Tlie lame Judges, when 1 was deferted by Mr. Ker, the Attorney I luid emi)loyed to fde my plea, refuicd on iny petitioning lor it, to appoint me a law ailiilant, althougii it was in tlieir power ih to do. 1 WOULD h.ere publicly .uid foleninly nfk the honorable Court of King's Bench, of die diflritft vi' OucIkc, by v.!:at loyr.l i I > r H^ant, legal warrant, rij;ht or auihr-iity, they admitied tlic in- formation quo warranto :i[;;ainfl: me, and made mc a prifoncr, and whether I liave not full liberty to lefuie being arraigned at their bar, unlefs fome crime againfl the laws of 'my country be laid to my charge ? No man could be more determined than myfelf, when ad- mitted to the gofpel minillry, to adhere clofely in refped of ci- vil magiilrates unto fcripture politics, whicii are brieHy fummcd up in this apollolic precept ; " Be fubjcdt to every ordinance of man for tlie Lord's fake." I'his injunJlirn nuill be under- ftood of ordinances which do not contradict the truth and laws of Chrill, as I believe is the cafe at prefent with the laws of the Britifh Empire, relating to diirenting minilters of the gofpel. I have therefore with all cheerfulnels paid the utmoll dci-.TCucc to the powers that are in my country, and moll exad (^bedience to the ftatutes of the realm. Whether my perfecutcrs have done fo, let the public judge, when they have well conlidered the nature of the Attorney General's vexatious fuit, intended to deprive me of tlie power of fulfilling the duties of that mi- niilry 1 received from Jcfus Chrill, and fully tolerated ar.d fandioncd by tlie conflitution and uTagc of the Canadas. I THINK myfelf in duty bound to p:;y refpeJl to the officers cf the crown ; but religious liberty is a IjIeOing too invaluable to be lightly eftecmcd or cafily parted with ; it ought to be vigorouf- ly defended by every fmcere lover of God and precious' fouls ; and blefTed be God, it is defended by the real laws of the Pro- vincial Government, notwithftanding the attempt of the Epif- copalian Fadion to prove the contrary. In doing, therefore, •what 1 have done, to protect liberty of confcicnce i^n Canada, I have only difcharged my duty towards God, his ChriR, and the fouls he hath redeemed. I have })erformed no more than what diOentcrs of every defcripiion in the Province liad a right to expea of me ; no more than what feemed abfolutely requir- ed for thj vindication of my Sovereign's honor, and the laws of his dominion, both of which have been injured by the mal- practice of their minifters. My confcicnce thus applauding Avhat I have done, I can look down with compofure ami pity on the malevolent calumny of ignorant pride and interelled fervility. CLAPvi: BENTOM, Oi'nprc, I4tli January, 1804. STATEMENT OF FACTS AND LAW, &c. Wi HEN called and enabled by the God of grace, who lift- Cth the beggar from the dunghill, and fctcth him amon- the princes of his people, to engage in the arduous work of the gofpel mmiftry, I had not the Icaft idea of cfcaping per- fecution, provided I were found faithful to Cod and the con- Icjsnces of men. Faithfulnefs in preaching the holy truth of Chrill:, and in expofmg and reproving falfe do^rines and evil practices, is no fmall part of a minifter's praaic;.! godli- nels ; and he that will live godly in Chrift Jefus fliall fuller perlecution. The calumny therefore and injurious treatment 1 have iuftered from the ignorant and profane, came by no means uncxpeftedly upon me : for as in agas pall, he that was born after the He(h, perfecutcd him that was born after the Ipirit ; fo it continues until this day. I did not, how- ever, could not, expect that in Canada, where Popery is tolerated and fupported, if not eibblilhed by law, nnd w'>cre as the world have hitherto fuppofed, libertv of confclcnce has been granted in the ampleft manner to all'denominaMons ot religion, I fhould have been vexed and oppreiTed with a law profecution, and brought before the Court of Kin-r's Bench as a culprit, for having afTumed the office of a paftor over a congregation of protellant dilTenters, whicli by the divine affillance I had gathered and organised mvielf • yet extraordinary as it may iLvm, fuch has been the cafe ; Sat in having found inltruments by whom in oppofition to all law, civil and divine, to worry the Iheep of Chrill, whom he cannot devour. ^ The proceedings of my pcrfecutors are truly ftrancre, and in themfelves but contemptible ; yet, in their effe^t'on my character and the peace of my congregation, grievouflv op- preflive. Ihe meafurcs purfued by his Majelly's minifterj ot Lower Canada, for the purpolb of driviui^ me from my port as a minifter of the gofpel in Quebec, are, I under cor- rection, Iiumbly conceive a formidable attack on t!ie liberty Of the IVovincc. 1 hope, therefore, the public will patiently mi T 8 attend to tlic ftatemcnt of fp.tts nncl liiw, relative to tlic bu- rnicfs wli'uli I am clclirous of laying l)cfore tl^.cm. As my circum'tanccs are in fomc decree like the apoftlos of old, wlio though well known, were unknown ; well known by every delcrlption of perlons in the Roman Em- pire ', yet unknown, unfupported namely and unacknow- ledged, as lawful teachers, by the rich ami great, who as tb.emfelvcs thought pofTefTed too much good fenfe to be ac- qui'.inteil witli, or to encourage fuch contemptible characlers as fiiliermen, tentmakers, &c. who dared without the appro- bation of the then eftablilhed clertjv, to afllime the office of goipel miniliers, and to perform the clerical duties of their refpe^tive congregations ; I would therefore begin the vin- dication of my ».'iara, prima fagic feemccl dk^nted by a confcientioufs love of the (ruth j and the worthy dire<5tors not helnq; able to procure a fi'pply fur Que- bec, from any diflentiiig body in tbeir connci^Hons, thought it their duty, thougli it Averved fomewhat from their origi- nal defign, to relieve the confcience'J of the petitioners. I was accordingly diipatched to Canada in March, 1800, hav- ing been publicly and foleninly let apart to the work of the gofpel miniftry, Nov. 13th, 1798, by the Mifiionary Society In the June following I arrived at Quebec, and found moft of the applicants gone from the place, and of thofe that re- mained, not one appeared to have any true rclifh for my preaching. But notwithftanding the defeftion of thefe cha- rafters, it plcafed God fo to blefs my labors, that a number of perfons were ferioufly imprefled with the importance of true religion, and the value of the Ibul, and carneflly defirous of forming themfelves into a church or congregation for the regular worihip of God through Chrift, in that way that ap- peared the molt agreeable to their own confciences. Ac- cordingly, January, 1801, a church com.munion was organ- ized on the general principles of the church of Scotland, both doctrinal and difciplinary. Properly fpeaking we could not be of the church of Scotland, but as we held her doarines and as hr as circumftances would permit, intended to con- form to her difcipline, our claim of being of the fame reli- gion with that refpeaable eftablifhment, muil: be juft and far fuperior to the like pretenfions in perfons who deny her doftrines and abandon her difcipline ; unlefs the name more artfully aflumcd and ufed by confent of the world, is to be confidered as the criterion of the thing ; to aflert whicli ■would defervcdly expofe a man to the greateit contempt * My people called themfelves Prelbyterians, becaufe fuch thty are in principle, and not Independents, which circumftances obliged them to be. It matters not however of what denom- ination we were, or what we called ourielves, whetiier Prel- * Tlic gentleman in Quduc, cnlltd a miniftcr of the church of Scot- land, was not placed by nor is he accmintalile to anv prefhvtcrv for his doarines or pra^'lice ; conlequcntly Is in ;hc lulltft lenie cf the 'w.-rd iti Independent, wliicli in my mind does not in tl\e leafl der<)'>itc from hi* charaaer if he be in otlier rcipects tree from th- diar^rci of lakeuarmnn* and the pnhhc denial of tlic eternnl diviiiii v and proper atonenu-iit of the adorable Saviour, Jefus Chrill If Air. Spark be a minMtir of the church of Scotland, he can only be a liceniod preacher, that churcli never .ivin? pneral orders to lier miniUers. 1 therefore bc;r him to anfwcr thl- fol lowimrenquir.e.: i. By what Prcfhvtcry were you iiceiiJcU ? 3. P.v vvhom. were you ordained a pullur ? • - ; . wnom. 1) id ibyterlans, or Independents, or Independent Prefbyterians j we were ipfo hCto a Prot_'ftant DilHinting church, agreeing perfedtly with the Redeemer's words, refpe!it to folemnize marrianes, and that lie had taken the trouble !o intonn mt: of that circum.aance that I might not do mifchief nndtfii>nedly,ni rcnch r- |iig ille^'itimate the (.li;,pring of fuch marriages. 'I'he condclcenlion and kii.dncls of his Lordfhip, reminds me of the latin poet's oblcrvatiou, /^jltitum gcjianl t aildu fub p.-8ore '■.'uUunu I denied the Bifliop's afTertion, alTirmiiig mvfelf well afTurcd of the validi- tj of the marriages I had performed. " It 'is needlefs, faid his I^ordlLip, fur lis to difcufs the matter ; the Chief JiiUi-e and Attorney (Jeneial know belter than either of us, and they declare what 1 fay to be true. The Chief Juflicc and Attorney Ger : ral know better than lither of us ! .Ave, there my Lord you produce the flrong argiunint of Bilhop? ; men of pow- er have fretjuently, alas, too frequently, proved fiiperior in k'gal d .cifioni to weak ChriQians, who wield no fword lave the fword ol the ipirit. And the Attorney General feem* in the prdeut calc clcttrmintd io'fuov port the fa(it. * 12 The fabbath following this converfation, a child belonging to a member of my congregation was to be interred, and to prevent confulion, fuch as had happened by locking me and the corpfe out, on a former occalion, I wrote to Mr. Salter Mountain, the Bifliop's nephew, defiring him if he had au- thority from the Lieutenant Governor to exclude me the burial ground, that he would produce it. My letter, like the one I wrote to his Excellency, was anfwered by the Attorney General in perfon, who came to rrv lodgings on the fabbath, threatening me with an information in the Court of King's Bench if I attended the funeral of the deceafed infant. This thicat I confidcrcd as a mere fulmen brutum, thunder and lightning that kill nobody, and a£ted accordingly by officia- ting at the interment of the corpfe. This happened in Au- guftj 1802, and I heard nothing more of an official nature concerning tiie bufincfs, until I applied in January of the next year, for the fignature of a judge to my annual rcgif- ter, which was refufed, becaufe, faid Mr. Judge Williams, you are not or the church of Rome, nor of the chuch of Ergland, nor of the church of Scotland. This procedure I fuppofe was thought fufficient to deter me from baptifing, performing marriages, and attending funerals ; which, if it had ban the cafe, would have rendered me unworthv the name of an Engiifhman, or of a DilTenting Minifter of the gofpel. Be that as it may, had I relinqulflicd my claim to the right of performing thefe functions of the paftoral of- fice, I niull: have given up my charge as paftor of a congre- gation, and In facl denied my being a minifter of the gofpel, to whom pertaineth, by the command of Chriit, the admin- iftration of baptifm ; to fcparate which from the adminiftra- tion of the Lord's Supper would be facrilege of the grofT. ell kind. The foleinni/ai ion of marriages might indeed have been difpenfed with, it being in itfelf a civil contrail, and not divinely commanded a part of a minifter's duty ; nei- ther is the performance of a funeral fervice •, but after hav- ing married a confiderable number of perfons, what confu- sion and flander would have fallen on them, had I yielded to the dellre of my enemies \ and in refpet^t of burials if I were not tolerated to attend and commit by prayer and ex-i hortation the bodies of my flock to the grave, my congrega-i tion would be marked in the perfon of their paflor by a per- fccuting difline^ion. For thefe reafons I perilled in biijnir- ing, &c. and the Attorney General perfilkd in endeavouring ^o prevent n^y fo adting, and with this defign, Mnrch 23v[, 1803, filed in the criminal Court of King's Bench an infor- mation quo warranto, againft me, « Clark- Bentom, gentle- man,* for the aflumption of the ofRce of a gofpel minifter without royal grant, legal warrant, right, or authority what- foeyer, thereby ufurping on our Lord the King, in claiming a right to baptize, to folemnize marriages, and to perform burials, and to have and keep rcglfters of the fame/' The day this curious information was filed, I heard of the warrant the flierifF had for my apprehenfion, and fufpe«51:ing it would not be ferved on me until the fcfiion was over, that an opportunity might be obtained of holding me up as a crim- inal, thereby to injure my character and if poffible to break up my congregation ; I refolved on petitioning the Court oi King's Bf.nth ^o ifilie a mandamus to one of the Judges, di- recting him to fign my annual church regidcr of baptifms, tec. When I prefented my petition, Mr. Attorney General faid, « I hope the court will not receive that ftrange paper :" ** What is the form then ;'" fiid the Chief Jufiice ; « Why, replied the Attorney General, I am profecuting this very man for a/Tuming the miniflry of the gofpel." Here I believe in- telligent men will fay, whether ^ny paper were ftrange or not, I was in ftrange circumftances, ftrangely ufed bv a ftrantrc perverfion of law. The Chief Juftice alked me if pleading to the information would not anfwcr my purpofe ; I anf.ver- cd I was perfet% fitisllcd with that, provided the bufincfs was brought forward ; hut that I had heard nothing official of the commencement of the proK^-rulion. «« Have you noc ferved the warrant ?" I'lid the Attorney General, to the iherifFi he replied, « I have not yet kan the gentleman." Query, did he look for him .? I mention this, bccaufe I tliink * Without difcufJlntr the propriety of calling me gcntlemnn in a formr.I law inariinicnt, whicli was done to (Icfign me a luvnrin, I will quote the remark oi' a flirewd writer of great reading and erudition. " liverv thing " habited in hkie or hUwk aniontr tis we fa'hite the Rc\ercnd, not tliat we- «< ailcxT: empty titles nr au;eh ideas 0/ powir to tluni, but becauie wc " n.oan to bear a pui)Iic teflin.oay to the reality oi" a right claimed bv the «' people, a right of eUeling tiieir'own rei:gious oilicers, and of conferrimr « on them all that validity of ordination to oilice, which darinc men iit ♦■ other eomnuinities have traiisl'-.Tred from the people to then- priefc. "Pretended retornurs ehai.Te tii,.' name and preierve tlie tiling; tchI " refonners remove the thing and remain ladilierent about the name." Pobhfons Life o/C!uu,!c, page ^- 1. *l!;c e!cri;y of the ciuireh of Jlr.aiaiu'j, are by *he church of R,,nn, eaikd a Pretended Clergv ; and DiHentinc Divmcs, are by the chii-ch of I'nglund, called the fame^' but who are in fail i)rctended clergvi.un i" 'I'liole who h:ive not tiie love of (Jod in their J)earts, nor the law of truth on thtir lips, whether churduiicii or UilVcii- ters I it pr(V es my fufplclons were jiift, of their defign not to fervs the warrnnt upon me until the feffion was over. In the ev- eninuty of a Proteftant Church or Congregation within this PrfAtncc (if the Court fliall be then and there fitting) or if rot, before any one of the Juftices of our faid Court of King's Bench, to find fuiTicient Sureties for his perfonal appearance at this prefcnt Seffion to anfwer the fame and all fuch mat- ters as ihall be obje.TnnK-uts called him to England. I thought, being a prif- o;vM' on bail, I had a right to the benelit of the gcnei*al gaol d.'livery; therefore, enijiloyed Mr. Panet, Speaker of the WcAX^c. of AlH-mbly of Lower Canada, to file a plea for iwc; iC biit not being able to make him underfland me, or the na- ture of my plea, I was obliged to perform the bufinefs my- felf, having learnt the technical form of the inftrument from a plea of difclaimer, fent me from the Attorney General for fignature, in which was fet forth, had I figned the paper, my humble confeifion of having ufurped on our Lord the King, by aflliming the office of a minillcr of the gbfpel, and by claiming a right to baptize &c. ; therefore throwing myfelf on the mercy of tlie Court and my Sovereign, prayed lenity &c. Inftead of figning this diabolical paper, I dre^v up, fign- ed, and put into the hands of the deputy clerk of the crown, the foUovvIng plea. COURT OF KING'S BENCri. March Criminal Term, 1803. Upofi nn Information^ i^c. ^110 Warranto. "^ Diftria of Quebec. Dominus Rex, versus Clark Bentom. And now. that is to fay, on the firlt day of July, in the year of our lord one thoufand eight hundred and three, be- fore the faid Court of King's Bench for the diftrift of Que- bec, in the Province of LoAver Canada, cometh the faid. Clark Bentom in his own proper perlbn and faith, that he the faid Clark Bentom was, in the month of January, in the year one thoufand eight hundred and one, by a congregation, of Proteftant DifTenters from the form of worfliip ufed by the eftabliflied church of England, a!it be lurinittcd to prcftnt the aborc tcltimonial to him in pcriba ; but »hir> was not granted. I icmciubcr when a boy to h:\u iVcn an cin'raviiii' in the Oxford ATni'- a7,int-, rcprelcnting an J/iipcror of (^t iin;i;iy, I think Jofcph tlic fccond, rciHivin)(, with his own !iand, p'jtitions from the h)wefl of 1»'.< T'lbjei'lr ivho til ):_!;;l)t tlicnifcbii ay^^ricvcd : an txampk" wortliy of iiralaUru, tt)mmtinoraliou and prailc. t *9 Finally, we recommend very affeftionately our faid broth- er to the grace of God, to the countenance of all good men, and to the protection of the excellent laws of the Britilh Empire, and exprefs our firm truft that by a peaceable, inof- fenfive and ufcful deportment, he will be enabled to defervc that countenance and protedtion which we fo earneftly folicit in his favour. Given at London this 14th day of February, 1803, and atttefted by JOHN TOWNSEND, Minifter of the Independent Congregation, Bermondfay. JOHN TOWERS, MInifter of the Independent Congregation, Barbican. CHARLES BUCK, Minlfter of the Independent Congregation, Camomile Street, JOSEPH BROOICSBANK, Minifter of the Independent Congregation, Haberdaflicr's Hall. The anfwer I received was, « The matter being a queftion of right, before the Court of King's Bench, his Excellency could not interfere." This would be without doubt perfect- ly right, if the profecution had the leaft foundation, or if there were any thing doubtful in the cafe ; but can the Lieu- tenant Governor, the honorable Judges of the diftriCt of Quebec, or the Attorney General, doubt of the perfect tol- eration of all feCts of religion in the Canadas ? Or can they believe an information quo warranto lies againft me for hold- ing the office of a Paftor of a Diflenting church, fuppoling I had not been fo regularly inducted into the miniftry as the above teftimonial fpecifies ? I confefs I know not which would be the greateft infult to their characters, whether the fuppofing them ignorant of the conftitution of the country nnd common law, or the reprefenting them well acquainted with both. If they are ignorant, ought they not to have been better informed, before they undertook fuch high of- fices ? If they are not ignorant, can they be juftilied from the charge of grofs perverfion of juftice in the proceedings againft me ? I determine nothing in refpeCt of thefe enquiries ; yet this I know, there does not appear to me the Icaft uncertain- ty in any part of the queftion concerning my right to all the civil immunities of a minifter of the gofpel in Canada. That I am a minifter of the gofpel, muft be allowed by all who will admit the doCtrines commonly called Calvinifm, to be gofpel ; and thofe who diflike fuch fcripture divinity, muft allow me to be a minifter of religion of no new ftamp, my views or revealed truth, having, as all confefs, been fyf- 20 tematically taught and defended in the third century of the Chriflian era. In rer|)ecl of ordination, (which is nothing more nor lefs than formal appointment to the paftoral office) unlels the Miffionary Society, and the Britifli Independents are incapable of conferring I'uch appointment, or ordination, the ample teftimonial I have received from them, muft be confidcred as perfectly fatisfaftory. However, let the public remember, that Epifcopalians allow nothing to be ordination which is not cpifcopal. A minifter of the church of Scot- land, would not be admitted into the church of England, without reordination ; whilft no fuch tiling is required of Popifli pricfts, who tprr) proteftants •, the Pope's ordination being coniidered as valid by the pure and reforpied church, by laiv eftabliiiied. And this fhameful praftice is perfifted in for the fupport of the old f^^ble of apoftolic fucceffion ; which, if it proves any thing, proves too much : for if it be found doctrine, there is no ordained clergy, fave the clergy of the Romifli communion, who alone are fandlioned by the fucce^ors of the apoftles, namely, by the Bifhop of Rome, and his colleagues ; :md what then becomes of the church of England and her apoilolic fucceffion ? Let Vox papae vox Chrifti* be their creed j whilft mine is Vox populi vox Dei jf for on this the reformation from Popery ftands or falls. Thk next queftion is, Are all denominations of religion- ifts fiilly tolerated in t'le Canadas ? I anfwer in the affiima- tive, they are without exception, as will appear from the fol- lowing extract from the 42d feftion of the adt of the Britifli Parliament giving a conftitution to the two Canadas ; in which it is thus enabled : " That whenever any adt or a£ts •' fliall be pafled by the Legiflaii''e Council and Aflembly, of *"' either of the faid Provinces, containing any provifions that " fliall in any manner relate to, or affedt the enjoyment or " exercife of any religious form or mode of worfliip, or fliall ** impofe or create any penalties, burthens, difabilities, or dif^ " qualifications in refpedl of ihe fame, every fuch aft or afts " fhall previous' to any declaration or fignificution of the " King's aflent thereto, be laid before both Hoyfes of Par- ?* liament in Great Britain, and that it fliall not be lawful foj* ** his Majet^ his heirs, or fucceflbrs, to fignify his or their " aflent to any fuch act or afts until thirty dayq ?ifter the " fame fliall have been laid before the faid Houfe^, or to al- * The voice of the Pope is the voice of Chrift. f 'I'he voice of the People is the voice of Cod. the body of tl.c faithfuL" By the People, I mean 21 '* fent to any fuch a£l or afts in cafe cither Houfe of Parlia- •* ment fhall within the faid thirty days addrefs his Majefty, ** his heirs, or (ucceflbrs, to "withhold his or their aflent «* from fuch act or adts ; and that no fuch aft or a6ts fhall be •* valid or effectual to any of the faid purpofcs within either " of the faid Provinces, unlefs the Legiflative Council and »* AfTembly of fuch Province fliall in the feflion in which the ** fame fhall have been pailed by them, have prefented to the « Governor, Lieutenant Governor, or perfon adminiftering ** the government of fuch Province, an addrefs or addreiles, ** fpecifying that fuch aft contains provilions for fomc of the •* faid purpofes herein before fpecially defcribed, and deflrivig ** that in order to give efl'tft to the fame, fuch aft fhould be ** tranfmitted to England without delay, for the purpofe of ** being laid before Parliament, previous to the fignification ** of his Majefty's aflent thereto." On this part of the conftitution no doubt can fubflft ; it undeniably tolerates all perfuaiions of religion, old or new, in every particular of their worfhip, whether in refpcft of their minifler, or in the adminiilration of the ordinances, or any ceremony of religion. The only queflion that can arifc on the fubjeft is, has any aft relating to forms of religious worfhip been pafled in the manner here prefcribed ? I reply none, nor is it pretended that any fuch not cxifteth. On v/hat then is the information quo warranto againft Clark Bentom founded ? Why on the provincial regifter aft, paffcd by the Houfe of Aflembly, 1795, ^ fays the Attorney CJen- eral ; and his information tells us the ofKce of a miniller of the gofpel, fince the paillng of the faid a£t, has been and Hill is an office of high trull: and pre-eminence touching the rule and government of the Province of Lower Canada. We ari! then, according to this declaration, to conceive of this aft as of a bill of rights and privileges, conferred on the clergy of the Province by the Legiflaturc, which rights and privileges can be alone enjoyed by charter or commiflion from the Crown. But before we form our opinion, let us examine the law itfelf, for I have no great confidence in Mr. SeweH's conflruftion of its intentions, notwithftanding his being the King's Attorney General, fworn to profccutc juftly and law- full}. The flatute enafts as follows : ^* That in each parilh church of the Roman Catholic " communion, and alfo in each of the proteftant churches, " or congregations, within this Province, there ihall he kept " by the reftor, vicar, curate, or other priell or minifter do- I, .1 22 •* ing the parochial or clerical duty thereof, two rcgifters, of ** the fame tenor, each of which lliall be reputed authentic, •* and Ihail be equally confidered as legal evidence in all •* courts of juftice, in each of which the liiid reftor, &c, ** fliall be held to enregifter regularly and fucceflively all bap* •* tifms, marriages, and burials, fo foon as the fame fliall have « been by them performed." Thefe regifters, as before ob- ferved, page lo, the one to be renewed annually, the other, a !>ound volume, to ferve until the fame be filled, mnft by the rep.ulations of the a£t, be figned in every leaf by a Judge of the Court of King's Bench. The provilions of this ftatute are fan«nioncd by a penalty, which is a funi not lefs than two pounds, and not exceeding twenty pounds, ciuTcnt money of this Province. I fiippofe from thefe quotations, lliort as they are, every mm of common Ajdic v/ill perceive, Firll, that this act is penal, obliging all minifters of every dcrcription, to keep figned regifters, without forbidding any "perlbn to do the iamc, though none is obliged to have them ligncd fave minifters of congregations or churches. Secondly, that no excluiion is made of any minifter of re- ligion whatfocver, and if no excluiion be exprefled, none could be intended. Thirdly, that the ?tCt was not defigned to give validity to marriages, baptifms, and funerals, nor to prefcribe who fhould perform them, its object being to fecurc and legalize evidence of births, marriages, and deaths. Fourthly, that neither the fpirit nor letter of the act ex- cludes the kind of evidence obtainable of fuch events before the paffing of it into a law. To prevent any fuch weak con- ftruition of a ftatute defigned for general benefit, an exprefs provilion is made in the 1 3th fe£tion ; " Provided a/ways^ ** that in a// cafes where the regifter of any Proteftant church ** or congregation cannot be found, or where none has ever ** been kept, nothing in this aft fliall be conftrued to prevent « the proof of baptifms, marriages, or burials, being made *' and received, either by witnefl^s, or family regifters, or " p.ipers, or other means allowed by law." The aft is evidently nothing more than the regulation of a circumuance, namely, the mode of enregiftering baptifms, marriages, and funerals. Where the legiflators found reli- gious liberty, there they left the invaluable blefling. He that mi^jht baptize, cScc. previous to the exiftence of this law, may do lb Hill i nothing in the ftatute forbidding fuch aftions in smy individuaL Nor docs the a«?l oblige parents to hare theit children baptized, in order to render their parentag*; legiti- mate i or what would become of the children of Jews, Qua- kefs, Baptifts, &c. ? Yet Mr. Attorney General faid, in the prefence of Mr. William Laing, « You have no right, Mr, Bentom, to baptize, 8ic. to legal purpofes ;" implying, what the Epifcopalian party conftantly aflFirmed in the plenitude of' their piety and wii'dom, that tJie children I baptized would have no legal proof of their parentage ; the marriages I fol- emnized, were invalid in law ; and that there would be no evidence admiffible in a court of juftice of the deaths by mc enregiftered ! What an horrible principle of perfecution, more odious than any ever aiSlcd upon by the arbitrary Houfe of Stuart ! it makes my hand tremble whilft committing it to paper ! yet fhocking as the idea appears, it is what my per- fecutors infift on ; and unlefs feme vigorous meafure were adopted to prevent It, would I fear fucceed in eftablifhing fuch a M icked dodlrine as the rule of practice in Canada, in refpedt of minifters of the gofpel unfan^ioned by the fmile* of epifcopacy, and the law oiBcers of the Crown. As the regifter a£t does not interfere with the ftate of re- ligious liberty, fo neither muft it be fuppofed to do fo for not being pafled as the conftitution prefcribes afts creating burthens, penalties, &c. in refpeft of religious worfliip, to be paffed ; it would be virtually faying the Houfe of Aflem- bly and the Legiflative Council had broken the Conftitu- tion, to aflert this ftatute excludes any minifter whatever from the enjoyment of the civil and religious liberties he enjoyed previous to its formation. Mr. Attorney General may make fuch an alTcrtion ; but I fliould fear to do fo, un- lefs I had a figned and fcalcd pardon in my pocket. The Attorney General in his information, admits my con- gregation to be a proteftant church, and declares Clark Ben- tom, gentleman, to be doing the clerical duty thereof. It then follows from the regifter ait, if the aflertion be true, as it certainly is, that it is the duty of Clark Bentom, be he gentleman, or no gentleman, being the congregation's ac- knowledged minlfter, to have and keep regifters, according to the regulations of the fail act. li I am no nvinlilcr, as ibme wife men afllrt, pray whrit has the reqiller net to tio wkh me ? notliing in the world •, no mori than with one nf Mr. Seweil's clerks. So then, be I a nihiifter, or v,o minil'ter, the information againft me i^- groundLf-i and auilird. Upon the v/hole, my obedience is' Jr my crime! ; the more than common abilities of the A'ttdrncy General having converted a penal ftatute into a bill of rights. One vt'ould think the gentleman in poffeflion of the philofo- pher's ftone ; or . that he was nearly related to thofe deep geniufes in Swift's flying ifland, whom Gulliver found beat- ing marble blocks into downy pillows ! My office as paftor of a diflenting congregation, cannot, except to ferve a particular purpofe, be called an exclufive franchife i it is an article of common liberty, and if an in- formation quo warranto Ires^againft irte, for exercifirtg all or any of its duties, it would equally lie againft a fhopkeeper for ferving behind his counter, without royal grant, legal warrant, &c. . „ But it may be f.ild with propriety, " It is of great confc- quence to have authenticated rcgifters of births, marriages, and deaths j" and the truth of this is granted *, whilft with equal reafon, we afleft, that, all denominations of religion ought to enjoy like privilege in this refpedt ; and that the regifters of a Diflenting Minifter, depollted in the court of archieves, are equally acceffible, good, and fecure, with thofe of a Diocefan Bifliop. . Before I proceed to fpeak on the informal, oppreflive mod^i in which this procefs was condudled, I would give fome gen- eral hints to diflenting minifters of the gofpel in the Prov- ince, who are or may be pelrfecuted under colour of the regif- tcr aft. It is your duty, brethren, if you have a congregation ever fo fmall, to prepare regifl:ers according to the above aft, nnU tp prefent them to a Judge of the Court of King's Bench for fignature ; in which, by wholefome la\V, you are holden to enregifter all baptifms, marriages, and burials by you per- formed. If the judges refufe to fign your rcgifters, you have done your legal duty, while they break the law ; and you and your congregations remain on the fame footing at before the pafling of the aft, your aftions being neither more nor lefs valid or lawful. No line can or will be levied on you for an unavoidable difobcdience •, you need not therefore, as fome of you do, crofs the line loparatin*^ the dominions of the King from the United States, to perform Liptifms, 8ci-. The having figned reglfters being a dcfirable objoft for your congregations, you ought to prepare and prefent to the Supreme Court of Appeals, a petition for a mandamus to be iflucd againft one of the judges, *.l:retiing hi'n to fign your rogiltcrs. Much cli\mour bein;;- r;;iil*d againit the validity I 25 of the mnrnages performed by me and fome of you, permit me t-^ offer you fome reafons which prove the marria, or the publication of banns, are not necef- lary to empower a minifter, or magiftrate, or notary public,* to Iolemmze marriages. o . 7 ^ uuuc, ^ Secondly, Marriage by long ufage among moft Chriftians. IS become a ceremony of religon, and where it is conadered as fuch, muft b. mcluded in what the Conftitution of the 1 rovince calls religious form or mode of worfhip. Thirdly, The regifter aft, which conftantly joins nurria- ges with baptifms and burials, and the CoverUr's marriage of thfp -^ P ' P'T/ ""^'^^^^^erably, that the ufage of the Province gives to all minifters of religion, without exception, the power of folemnizing marriages. fourthly. The courts of law in Canada recognize and ad- mit the marriages performed by Diffenting Minifters is hofe performed by the Rev. Alex. Spark, of qneb c, ^vho is a dnfenter be he of whatever perfuafion or i^ty he maj Ihefe reafons are too convincing to leave a doubt in your he Lpiicopal clergy, and firmly hold your civil privileges vs he open door of utterance for the blelU'd gofpel ; and the Lord be with you. Amen. ^ ^ ' The informality with which the profecution was conduct. ed, will appear cruel to ever)- feeling mind ; and as it will attention of my readers for a little wlnle, to the fubiect. I a form of ovi law eumloyed to difpolPcls a pretended officer ot a place, authority, or emolument, which can be hokien, bcVv^^K'•'"r^^ '';"":''^ -f marri^crc I,y a notary pubUr, us it wonM s 2(5 the King ; or that the Kin^" 7 '^^'°f ^ commiffion fronf Rol. 46. So in an iaform„T • '"''"■^' ' Sid. 86 2 fummons.) Coke's Em „, i,''',\r.?''-'= f-"-<, (i- a a Joes not appear the fame^term L n n' ,'*?• " '^' l»«y Jnftead of purfuini, this -,„.„, » c„n„nal -^«ant/u„der "S'l? ""'"I""" ""'a-ed fit"'? ^"/' "■'"k^J 'o ?ive bail A T W^'-^nJed by ,l,e .y^it of tl,is unwarrantable Dro; 1 ^ ^''"' '^<™''' be the ob! be ought elfe than the expofin.„"r- S""''' "'^ intemfon to (hanie and contempt > AnTlu ""^ '^'^'^'^^ ■''nd perfon >-. if their moti-Jand obiea w "■'*" ''»'' 'h^X ^° Jo and honeft,„e„. if the laws of the p"' ^""""^ °f Cl,riftia„° t've of the Crown F^nahZlth^jT'"-'' f "»<= P••ero^n- J'd! Ooesthevolurinou Sir„fi"«r'''y '"« "" c^. f;; 1^"^/^'^'^ '^^^^^ '^^^^ S en Provm<:c, and thus profelytes to e ,H '",^'^^^T^«''s "ut of the been pourrjh//^ made. ^ 4^'icopahaniiln would have i I f jjl I have fomcwhcre read a ftory of Chiklerlc, King of France, in which is related, that this monarch being defiroiis of con- verting a Jew to the Chriftian faith, employed the minifters of rdigion to convince his mind -, but their arguments prov- ing inefficacious for that purpofe, the zealous Prince deter- mined to compel him to turn a believer in Chrift, and with this defign, threw the honeft Ifraelite into chains and a pri- fon. Query, was he a Chnitian when fettered and in a dun- geon, or did Jefus Chrift appoint fuch means of making con- verts ? No ; the humble Bifhop of Souls neither employed nor appointed to be employed, any other weapon in his ilr- vicc, fave the word of truth, and the armour of righteouf- nefs.* Were my congregation obliged to ufe the miniltry of men their co i^cienees difapproved, their condition would be lamentable mdeed ; and if they fubmitted to the yoke, would be no better than hypocrites, could not be otherwHe than profane. Perfecution moft certainly never made a true Chrirtian a good fubjeiSt or an honefl. man. Penal lnws, in mere matters of confcience, are as impolitic as they are un- jufl: ; as contrary to the fpirit of chridianity, as to the com- mon rights of human nature. Why cannot a man be as good a fnbjeft, worfliipping God in a meeting-houfe, as if he worlhipped him in a cathedral ? Becaufe, fay lov.-rs of church power, more than lovers of God, he is an' t neinv to the government. But what is it that makes him an enemv to government, his peculiar way of worfhip ? No ! ' Tis opl preflioa and perfecution. Have the Britilh diirtnters molcil- ed or impeded the operations of the government lince the pafling of the aft of toleration ? Or did any of our .S()vrefl,vteril ans, or hulcpcnucus, con'J wc think he would dcllre their eonverf.on to cpueopahan.lm; mr.cn h:.. think that l;e would perlecute a proteflaut ^u ^t'l ^'f."""",' .;">' ''-^ "' proteRant], one woulS iu i^, t