ANSWER To what has been offer'd as Argument againſt the Validity and Force of an Act of Aſſembly, Entituled, An Act that the Solemn Affirmation and Declaration of the People called Quakers, &c. Paſſed in the Province of New-Jerſey, in the 13th Year of the Reign of Queen Anne.

WHEREAS there has been of late an Objection, without any Foundation in Law or Reaſon, ſtarted againſt the People call'd Quakers, their being Imploy'd in any Places or Poſts of Profit or Truſt in this Province; which Objection, in my Opinon, has a Tendency of no leſs Conſequence than the rendring the Municipal Laws thereof of no Force or Effect for the Future, and Subverting the Civil Government; I have Judg'd it Neceſſary for the Satisfaction of the Minds of the Scrupulous, and Stopping the Mouths of the Clamorous and Siditious, until a more Effectual Method may be purſu'd, if Neceſſity to require, to ſet that Affair in ſo clear a light, that the Half-ſighted may See, and the half-witted be Convinced of the Unreaſonableneſs and Abſurdity of that Objection. The reſt can ſee and underſtand without my Help.

The whole Force of their Objection Leans upon this. There is, ſay they, an Act paſſed in Great Britain, in the Firſt Year of His Majesties Reign, Entituled, An Act for making Perpetual an Act of the 7th and 8th Years of the Reign of his late Majeſty King William the Third, Entituled, An Act that The Solemn Affirmation and Declaration of the People call'd Quakers ſhall be accepted in ſtead of an Oath in the uſual Form, &c. This Act of the firſt of King George Extends that Act of King Williams to the Plantations, by the laſt Clauſe in it, in theſe Words, Provided always, That ſo much of this Act as Relates to the Affirmations to be made by the People call'd Quakers, ſhall be Extended to that Part of Great Britain call'd Scotland, forever, and to the Plantations belonging to the Crown of Great Britain, for Five Years, and to the end of the next Seſſion of Parliament after the ſaid Five Years, and no longer. And that Act of King William has in it the following Clauſe, Provided, and be it Enacted, That no Quaker or reputed Quaker ſhall BY VIRTUE OF THIS ACT, be qualified or permited to give Evidence in any Criminal Cauſes, or Serve on any Jury's, or bear any Office or place of Profit in the Government, any thing in THIS ACT contained to the Contrary notwithſtanding. Now, ſay they, The Law past in this Province ſome time ago for qualifiing That People for Places of Profit and Truſt, is by that of the firſt of King George, above mentioned, Repealed and of no longer Force, and Conſequently Quakers can no longer enjoy Places of Profit, &c. This is all that has come to my Ears upon this head that has the Appearance of any Meaning in it.

And firſt, I ſhall obſerve in General, into what a woeful Condition muſt the Plantations be Plung'd, if ſuch Laws as ſhall by a Legiſlature, I awfully Conſtituted by virtue of the Letters Pattent, under the broad Seal, be Enacted for the Good Government and Eaſe of the Subjects there, ſhall by Implication or Conſtruction, he deemed to be Repealed upon the Suggeſtion of any petty Attorney who ſhall or may affirm for Excuſe, that he may ſay what he thinks fit for the Benefit of his Clyent.

But in the next place, That Act of Aſſembly is not ſo much as by Implication Repealed; for the Words in that Act upon which they lay the ſtreſs of this Argument, are theſe, "Provided, That no Quaker ſhall by Virtue of THIS Act, be Qualified, &c. Now, I know no Quaker that pretends that he is or can by Virtue of THAT Act be qualified, but I believe every Quaker thinks that he is or may be qualified by Virtue of an Act of Aſſembly, Entituled, An Act that the Solemn Affirmation and Declaration of the People called Quakers, &c. paſſed in this Province, and ſent home for the approbation of the Soveraign above two Years ago, and for any thing I have heard to the contrary, Approv'd and Ratify'd. It is as plain as Words can make it, that That Act of the 7th and 8th of King VVilliam has No Negative but upon it ſelf, and Conſequently cannot be alledged in Bar to any Laws already Enacted in the Plantations, or even ſuch as may be Enacted; for by theſe Letters Patent, which give a being to this Government and Legiſlature, all ſuch Laws as ſhall be Enacted by the Governour, Council and Aſſembly, are declared to be in Full Force from the time of Enacting. The Governour, indeed, by his Inſtructions is Commanded Not to give his A •• ent to any Bills of Unuſual and Extaordinary Nature and Importance, wherein the Prerogative Royal of the Crown, or the Property of the Subject may be prejudiced, &c. becauſe all Laws enacted there, are in Force from the time of Enacting; and if he Tranſgreſſes in this point, He is accountable for it. But the Law in Queſtion is ſo far from the Suſpition of being of that Nature, that it is exactly conformable to the Governours Inſtructions, and what he had in Command from the Soveraign, in the following words, being the 60th and 61st Inſtruction to him under the Queens hand and Seal,

AND Whereas We have been Informed that divers of our good Subjects Inhabiting thoſe parts do make a Religious Scruple of Swearing, and by reaſon of their Refuſal to take an Oath in Courts of Juſtice, and other places, are or may be lyable to many Inconveniencys, Our Will and Pleaſure is, that in Order to their eaſe in what they conceive to be matter of Conſcience, ſo far as may be conſiſtent with good Order and Government, you take care that an Act be paſſed by the General Aſſembly of our ſaid Province to the like Effect as that paſt here in the 7th and 8th Year of his late Majeſtys Reign, Entituled An Act that the Solemn Affirmation and Declaration of the People called Quakers, ſhall be accepted inſtead of an Oath in the uſual Form, and that the ſame be tranſmitted to Us, and to our Commiſſioners of Trade and Plantations, as before directed. And whereas We have been further informed, That in the firſt Settlement of the Government of our ſaid Plantation, it may ſo happen that the Number of Inhabitants fitly qualified to Serve in our Council, of the General Aſſembly, and in other Places of Trust or Profit there, will be but ſmall, it is therefore Our Will and Pleaſure, that ſuch of the ſaid People called Quakers as ſhall be ſound capable of any of thoſe Places or Imployments, and accordingly be Elected or appointed to Serve therein, may, upon their taking and ſigning the Declaration of Allegiance to Us, in the Form uſed by the ſame People in this Kingdom, together with a Solemn Declaration for the true Diſcharge of their reſpective Truſts, be admitted by you into any of the ſaid Places or Imployments.

Which Inſtructions are contained alſo in His preſent Majeſtys Inſtructions to the Governor, dated at St. James's the Firſt Day of July, 1715. word for word.

To Sum up the whole I do Affirm, That an Act of Aſſembly, entituled, An Act that the Solemn Affirmation and Declaration of the People called Quakers, &c. paſs'd in the laſt Aſſembly of this Province, ſtands in Full Force and Vigour, being paſſed by the Soveraigns eſpecial Command, not having been Diſallowed or Diſapproved by the Soveraign, nor Repealed or made void by any ſubſequent Act of Parliament or Aſſembly; And that by virtue of that Act, Quakers or reputed Quakers, when duly qualified as that Act directs, are capable of Offices of Profit and Truſt in this Province; and that the aſſerting or affirming the contrary, ſerves only to open a Gap to Pretenders to Law, to plead againſt the Validity of any or all your Municiple Laws, when either their Selfiſh Views or perverſe Purpoſes may ſuggeſt to them ſo very Ridiculous and Abſurd a Notion, and to weaken (as I verily believe it is intended) the Adminiſtration, and Unhinge or Diſſolve the Government in this part of the Province, where it was firſt openly and avowedly Aſſerted.

Ro. Hunter.

A SPEECH Made by the Chief Juſtice of New-Jerſey in the Supream Court at Burlington, the firſt Day of May, 1716. before the Grand Jury was Sworn and Affirmed.

IT is now the ſixth time I have had the Honour to ſit here in the Month of May. I was called to the Office of Chief Juſtice at a time when it was vacant, without my ſeeking. In the Opinion of many Perſons the greater part and moſt conſiderable for Wealth and Intereſt, of the firſt Settlers in the Weſtern-Diviſion, are of the People called Quakers, or ſo reputed to be; and theſe (amongſt other things) do diſtinguiſh themſelves, by refuſing to take an Oath in Form by Law preſcribed to be uſed generally. The late Queen Anne (of bleſſed Memory) having this under her Royal Conſideration, by her Inſtructions to his Excellency, our Governour, was graciouſly 〈◊〉 not only to appoint ſome of the People call'd Quakers to be of her Majeſties 〈◊〉 Council for the Province of Nova Ceſaria or New-Jerſey, but alſo gave leave and encouragement to others of them to bear Offices of Truſt and Profit in the Government, which could not otherwiſe be effected than by Qualifying them in their own way of Affirmation. Purſuant hereunto an Act of Aſſembly was paſſed in the 13th Year of her ſaid Majeſtys Reign, entituled, An Act that the ſolemn Affirmation and Declaration of the People called Quakers ſhall be accepted inſtead of an Oath in the uſual Form, and for Qualifying and enabling the ſaid People to ſerve as Jurors, and to execute any Office or Place of Truſt or Profit within this Province. By which Law, theſe People (being Affirmed as that Law directs) are admitted to ſerve on all Inqueſts, Grand and Petty Jurys (except on petty Jurys in Cauſes Criminal) any Law Cuſtom or Uſage to the contrary notwithſtanding. Our moſt Gracious Soveraign Lord King George, upon his Acceſſion to the Throne, in a publick manner did declare, That the Indulgence and Toleration granted by Law to ſcrupulous Conſciences, was no way inconſiſtent with the Civil and Religious Conſtitution of the Kingdom. His Majeſty has likewiſe renewed the Commiſſion and confirmed his Excellency Brigadeer Hunter in the Government of this Province with the Inſtructions relating to the People called Quakers. And why ſhould private Perſons ſet up for and pretend to be Wiſer than the Laws, Wiſer than their King and Governours, and Wiſer than their Legiſlators? This Act of Parliament made in favour of the People called Quakers in the firſt year of his Majeſties Reign, which was ſo offi • iouſly obtruded to the Court in November laſt, backt with the Raſh and Precipitant Opinions of ſome Gentlemen at the Bar, in my Opinion, was altogether then Miſ-underſtood and Miſ-interpreted by them; for it was very plainly deſigned as a Favour and Indulgence to all the People called Quakers, who were amongſt his Majeſties Subjects in all and every of his Dominions, and no manner of Reſtraint of any Liberty and Indulgence which they then were, or might be otherwiſe poſſeſſed of thereafter. At that time (as I ſuppoſe it was intended) it gave me ſome Surprize, and coming from a private hand at Philadelphia, printed on a ſmall ſingle Sheet, in no Statute Book of publick Laws, from no Board of Trade, Secretary of State, or other Officer or Miniſter directed to the Governour of either this or the Neighbouring Province, the Opinion which I then gave, was, That as yet I could not take any Notice of it as a publick Law, nor give my Opinion upon it, being only a Preſumptive Evidence of the being of ſuch Law. And there being a Poſitive notorious Act of Aſſembly of this Province for Qualifying the People called Quakers to ſerve on Jurys of all Sorts (except in Criminal Cauſes) on that Affirmation, I did Order the Secretary to qualify them accordingly, which (contrary to his Duty) he poſitively Refuſed to do, by means whereof, we had no Grand Jury this laſt Term, I did pronounce him in Contempt of the Court, and Impoſed a Fine upon him for this Contempt. And now having better conſidered of the Subſtance and Intent of this Law or Statute, I am fully prepared to give my Opinion thereof, with relation to the Inhabitants of this Diviſion who are Quakers or reputed Quakers. My firſt Obſervation is, That this Paragraph of the Statute is only Negative of it ſelf; for the Words are, Provided and be it Enacted, That no Ouaker or reputed Quaker ſhall by virtue of This Act be Qualified or permitted to give Evidence in any Criminal Cauſes or ſerve on any Jurys, or bear any Office or place of Profit in the Government, any thing in This Act contained to the contrary in any ways notwithſtanding. Then again, this Act of Parliament of Great Britain is an Enlargement of the Quaker Privieldge to what it never was before, It makes that perpetual to them in England, which before was Temporary, and expired or near expiring by its own Limitation; Carrys the ſame into that part of Great Britain called Scotland, where it was not before, and makes it perpetual there; and into the Plantations generally for Five Years. This does no ways hinder, but that by virtue of the Act of Aſſembly of this Province, which is a Municipal Law thereof, the Quakers or reputed Quakers are qualified to be of Jurys, and Evidence, and bear Offices of Truſt and Profit in the Government; nor but that they may be ſo qualified hereafter by any other Law hereafter to be made for that or the like purpoſe, Although by virtue of That Act of Parliament they are not ſo qualified.

It is true, there are other inhabitants in Burlington, who profeſs themſelves to be of the Church of England, as by Law eſtabliſhed; and it were to be wiſhed they were more numerous, and better diſpoſed towards the Government thereof, under the beſt of Princes, and a prudent and well deſerving Governour, who bears the particular Marks of his Majeſtys Royal Favour. Can any of theſe ſay, that whilſt they behaved themſelves well, they were denyed to have the Oathes adminiſtred to them in due Form of Law, and their Priviledges? The promiſcuous Return of both ſorts upon the Sheriffs Pannels to ſerve on Grand Jurys, with the Differences of Parties, has been an Occaſion of great Obſtruction to the Courts of Judicature, notwithſtanding my frequent Admonitions to the contrary. I am not altogether ignorant of the Authors of thoſe Diſturbances, having been preſent at Burlington the greateſt part of the time of that Seſſion of Aſſembly, when that Law, in Favour of the Quakers, was in Framing; the pretended Zeal for the Church, and its ſuppoſed and Imaginary Danger, with the humour of new invented Diſtinctions, run to a very great Height, ſo that ſome Perſons ſeemed to be almoſt diſpoſed to a total Contempt of Government, and Rebellion. I ſhall forbear naming Perſons in hopes that theſe ill humours are evaporated and at an end; I do beſeech you to be at the pains to read that Grave and ſage Advice given by his Grace the moſt Reverend Father in God Thomas late Arch-Biſhop of Canterbury, and the other Right Honourable the Lords Biſhops then in and about London, of the 3d of November laſt, in their printed Declaration, and conſider whether it is not worthy of all our Regard and Obedience. Theſe groundleſs and ſubtil Diſtinctions and Jealouſies, which of late had like to bring the State and Conſtitution of the Government into Danger, are now over in Great Britain, By the bleſſing of God upon his Majeſtys Arms, and his prudent Conduct; Let them not Survive here; Let us for the future Reſovle to lay aſide all bitter Envying and Stri • e one againſt another, on any Store whatſoever, and heartily endeavour to preſerve, maintain and improve that Harmony, Love and Peace which our moſt Gracious Soveraign Lord the King has given ſuch Aſſurances of to all his Loving Subjects whatſoever. Why ſhall Moderation and Chriſtian Charity be laid aſide as Uſeleſs, Anti-chriſtian and Heterodox, and Envy, Hatred and Malice paſs upon us for Zeal and Religion!

I do underſtand the Grand Jury of Burlington, at the laſt General Seſſions of the Peace, after an Unpreſidented manner, have found an Indictment againſt Me, for what I have done in the Execution of my Office upon the Bench, in November laſt, as alſo Indictments againſt ſome other Perſons of Figure and Diſtinction in the Government; Were it an Offence only againſt me Perſonally, I thank God, I could paſs it by without the leaſt Reſentment; (I am ready to believe they were none of their own Framing, eſpecially that againſt my Self,) but as it is an open Affront put upon me, as I repreſent the Kings Perſon, it deſerves Correction. The Law does not ſuppoſe that a Judge is Infallible, and therefore he is not accountable in Law for a Miſtake in his Opinion; and in many caſes the Judges of England are of different Opinions. And the Law provides well for the Support of the Dignity of ſuch Perſons as do repreſent his Majeſty in the Office of Adminiſtration of Juſtice. The Judgment for Striking in Weſtminſter-Hall, &c. ſiting the Courts, is, That the Offender ſhall be Impriſoned during his Life, Forfeit all his Lands, Tenements, Goods and Chatte • s, and that his Right Hand be cut off at ſuch a place; Which Judgment is given by the Common Law. It is one of the ſpecies of High-Treaſon to Kill and Murder a Juſtice of either Bench, in their Places doing their Offices. If any Man in Weſtminſter-Hall, or in any other place, ſitting the Courts of Chancery, Exchequer, the Kings Bench, the Common-Pleas, or before Juſtice of Aſſize, or of Oyer and Terminer, ſhall draw a Weapon againſt any Judge or Juſtice, though he ſtrike not, this is a great Miſpriſon, for the which he shall looſe his Right Hand, and Forfeit his Lands and Goods, and his Body to perpetual Impriſonment. The Reaſon given for it, is, Becauſe it tendeth Ad Impedimentum Le •• s Terrae, To the Hinderance of the Law of the Land. I do not mention theſe Matters to you, for that I would aggravate the Offence (which is the occaſion of this Diſcourſe) above what it is, but to ſhow you, That as in theſe Higher Crimes againſt his Majeſties Juſtices upon the Bench, doing their Offices, an extraordinary Puniſhment is to be inflicted, ſo in ſmaller Offences committed againſt them, for the doing of their Duty in their Offices, the Law will proportionably require a ſharper Reproof, than for the like Offences againſt Perſons in a private Capacity. I shall not take upon my ſelf to direct this Puniſhment, but cannot think that any of thoſe Perſons, who were of that Grand Jury, can properly ſerve in that Truſt again, until they ſhall make Ranſom for that Offence, which I ſincerely deſire may be Moderated, being inclineable to believe, That none of them did compoſe thoſe Preſentments, and that they were prepared to their hands.

FINIS.