degree of indolence in its clergy, two-thirds of the people had be-- come diflenters at the commencement of the prefent revolution. The laws indeed were ftill oppreffive on them, but the fpirit of the one party had fubfided into moderation, and of the other had rifen to a de- gree of determination which commanded refpeft.
The prefent ftate of our laws on the fubjed; of rehgion is this. The convention of May 1776, in their declaration of rights, declared it to be a truth, and a natural right, that the exercife of religion fhould be free; but when they proceded to form on that declaration the ordinance of government, inftead of taking up every principle declared in the bill of rights, and guarding it by legiflative fandlion, they pafled over that which aflerted our religious rights, leaving them as they found them. The fame convention, however, when they met as a member of the gene- ral affembly in Oftober, 1776, repealed all afls of parliament which had rendered criminal the maintaining any opinions in matters of religion, the forbearing to repair to church, and the exercifing any mode of worfhip; and fufpended the laws giving [ 3IO ] falaries to the clergy, which fufpenfion was made perpetual in Oftober 1779.
Statutory oppreffions in religion being thus wiped away, we remain at prefent under thofe only impofed by the common law, or by our own adls of aflembly. At the common law, herejy was a capital offence, punifliable by burning. Its definition was left to the ecclefiaftical judges, before whom the conviftion was, till the ftatute of the I El. c. I. circumfcribed it, by declaring, that nothing (hould be deemed herefy, but what had been fo determined by authority of the canonical fcriptures, or by one of the four firft general coun- cils, or by other council having for the grounds of their declaration the exprefs and plain words of the fcriptures. Herefy, thus circumfcribed, being an offence at the common law, our aft of affembly of Oftober, I777> c. 17. gives cognizance of it to the general court, by declaring, that the jurifdiftion of that court ihall be general in all matters at the common law. The