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perswaded, there is no limitation or restriction in the Law to England, Wales, and Berwick on Tweed; for it extends to sundry Plantations of the Queens Dominions, as Barbadoes, Virginia, and Maryland; which was evident from the Certificates produced, which we could not have obtained, if the Act of Parliament had not extended to the Plantations.
And Mr. Maktmie further said, that he presumed New-Yoi k was a part of Her Majesties Dominions also; and that sundry Ministers on the East-end of Long-Island, had complied with said Law, and qualifyed themselves at Court, by complying with the directions of said Law, and have no Licence from your Lordship.
Ld. C. Yes, New-York is of Her Majesties Dominions; but the Act of Toleration does not extend to the Plantations by its own intrinsick vertue, or any intention of the Legislators, but only by her Majesties Royal Instructions signifyed unto me, and that is from Her Prerogative and Clemency. And the Courts which have qualifyed those men, are in error, and I shall check them for it.
F. M. If the Law extends to the Plantations any manner of way, whether by the Queens Prerogative, Clemency, or otherwise, our Certificates were a demonstration we had complied therewith.
Ld. C. These Certificates only were for Virginia and Maryland; they did not extend to New-York.
F. M. We presume my Lord, our Certificates do extend as far as the Law extends; for we are directed by the Act of Parliament, to qualifie our selves in the places where we live, which we have done; and the same law directs us to take Certificates of our qualification, which we have accordingly done; and these Certificates are not to Certify to such as behold us taking our Qualification, being performed in the face of the Country, at a publick Court; but our Certificates must be to satisfie others abroad in the World, who saw it not, nor heard any thing of it, otherwise it were needless. And that Law which obliges us to take a Certificate, must allow said Certificate to have a credit and reputation in Her Majesties Dominions, otherwise it is to no purpose.
Ld. C. That act of Parliament was made against Strowling Preachers, and you are such, and shall not Preach in my Government.
F. M. There is not one word, my Lord, mentioned in any part of the Law, against Travelling or Strouling Preachers, as Your Excellency is pleased to call them; and we are to judge
that that to be the true end of the Law, which is specifyed in the Preamble thereof, which is for the satisfaction of Scrupulous Consciences, and Uniting the Subjects of England, in interest and affection. And it is well known my Lord, to all, that Quakers, who also have Liberty by this Law, have few or no fixed Teachers, but chiefly taught by such as Travel; and it is known to all such are sent forth by the Yearly Meeting at London, and Travel and Teach over the Plantations, and are not molested.
Ld. C. I have troubled some of them, and will trouble them more.
F. M. We hear *ny Lord, one of them was Prosecuted at Jamaica, but it was not for Travelling or Teaching, but for particulars in Teaching, for which he suffered.
Ld. C. You shall not spread your Pernicious Doctrines here?
F. M. As to our Doctrines, my Lord, we have our Confession of Faith, which is known to the Christian World, and I challenge all the Clergy of York to show us any false or pernicious Doctrines therein; Yea, with those exceptions specifyed in the Law, we are able to make it appear, they are in all Doctrinal Articles of Faith agreeable to the Established Doctrines of the Church of England.
Ld. C. There is one thing wanting in •your Certificates, and that is Signing the Articles of the Church of England.
F. M. That is the Clerks omission, my Lord, for which we are no way accountable, by not being full and more particular; but if we had not complyed with the whole Law, in all the parts thereof, we should not have had Certificates pursuant to said Act of Parliament. And Your Lordship may be assured, we have done nothing in complying with said Law, but what we are still ready to perform, if your Lordship require it, and that ten times over: And as to the Articles of Religion, I have a Copy in my Pocket, and am ready at all times to Sign, with those exceptions specifyed in the Law.
Ld. C. You Preached in a Private House, not certifyed according to Act of Parliament.
F. M. There were endeavours used for my Preaching in a more publick place, and (tho' without my knowledge) your Lordships permission was demanded for my Preaching in the Dutch Church; and being denied, we were under a necessity, of assembling for Publick Worship in a Private House, which we did, in as publick a manner as possible, with open doors: And we are directed to certify the same to the next Quarter
Sesssions, Sessions, which cannot be done, until the Quarter Sessions come in course; for the Law binds no man to impossibilities; and if we do not certifie to the next Quarter Sessions, we shall be culpable, but not till then: For it is evident, my Lord, that this Act of Parliament was made, and passed the Royal Assent, May 24rA. And it being some time before the Quarter Sessions came in course, and all Ministers in England continued to Preach, without one days cessation or forbearance ; and we hope the practice of England, should be a president for America.
Ld. C. None shall Preach in my Government, without my Licence, as the Queen has signifyed to me, by her Royal Instructions.
F. M. Whatever direction the Queens Instructions may be to Your Lordship, they can be no Rule or Law to us, nor any particular persons who never saw, and perhaps never shall see them: for Promulgation is the life of the Law.
Ld. C. You must give Bond and Security for your good Behaviour, and also Bond and Security to Preach no more in my Government 1
F. M. As to our Behaviour, tho' we have no way broke it, endeavouring always so to live, as to keep a Conscience void of offence, towards God and Man: Yet if his Lordship required it, we would give Security for our Behaviour; but to give Bond and Security to Preach no more in Your Excellency's Government, if invited and desired by any people, we neither can, nor dare do.
Ld. C. Then you must go to Goall
F. M. We are neither ashamed, nor affraid of what we have done ; and we have complied, and are ready still to comply with the Act of Parliament, which we hope will protect us at last: And it will be unaccountable to England, to hear, that Jews, who openly blaspheme the Name of the Lord Jesus Christ, and disown the whole Christian Religion ; Quakers who disown the Fundamental Doctrines of the Church of England, and both Sacraments; Lutherans, and all others, are tolerated in Your Lordships Government: and only we, who have complied, and are still ready to comply with the Act of Toleration, and are nearest to, and likest the Church of England of any Dissenters, should be hindered, and that only in the Government of NewYork, and the Jersies. This will appear strange indeed. Ld. C. You must blame the Queen for that 1 F. M. We do not, neither have we any reason to blame Her Majesty, for She molests none, neither countenances or encourages any who do; and has given frequent assurances, and of
late late in Her Gracious Speech to Her Parliament, That she would inviolably maintain the Toleration.
While Lord Cornbury was writing Precepts for discharging us from the custody of Cardale, High Sheriff of Queens County in Long-Island, and another for our Commitment in York; Mr. John Hampton demanded a Licence of Lord Cornbury, but he absolutely denied it.
And before finishing of said Mittimus, for their Commitment, Mr. Francis Makemie moved, that it was highly necessary before their Commitment, the Law should be produced, to determine that point, whether it is local and limited, or not: And it is not to be doubted, but Mr. Attorney was soon able to produce the Law: And he further offered to pay Mr. Attorney for a Copy of that Paragraph, in which the limiting Clause is, if any. But every thing relating hereunto was declined and disregarded.
Ld. C. You Sir, Kaow Lata.
F. M. I do not my Lord, pretend to know Law, but I pretend to know this particular Law, having had sundry disputes thereon. The Mittimus being finished, they were committed to the Custody of Ebenezer Wilson, High Sheriff of York City and County, and carried to his Dwelling-House, as the place of their Confinement; and after sundry demands, they had upon the 25th day, the following Copy of the Precept, for their Commitment.
~%T O V are hereby Required and Commanded to take -*. into your Custody, the Bodies of Francis Makemie (Seal) and John Hampton, and them safely keep till further Orders; and for so doing, this shall be your Warrant. Given under my Hand and Seal, this 23d. day of January, 1706, 7.
To Ebenezer Wilson, Esqr. High-
A true Copy, Ebenezer Wilson.
There are sundry things observable in this Warrant of Commitment, which is not usual in Warrants granted in England. 1. That it is Granted and Signed by the Supream Authority, and not by any Sworn Officers, appointed and authorized by Law, for Commitment of Offenders: And the Supream Authority of England, have not put any such power into practice,
without without a Special Act of Parliament, impowring them so to do; and that only upon necessity and emergent occasions. 2. Here is no mention of the Queens Name, or Authority, which must be acknowledged a novelty not easily understood. 3. There is not the least shadow of a crime, or suspicion of a crime alleaged, which is but a slender cause of Commitment. 4. This Mittimus is erroneous in Conclusion, which should be, until they are delivered by due course of Law, and not until further Order, which is condemned by Law and Lawyers as insufficient.
And finding themselves Imprisoned, and put under an' unlimited Confinement, they addressed Lord Cornbury, by the following Humble Petition, presented to his Lordship, by the Hands of Ebenezer Wilson, High Sheriff.
To His Excellency Edward Viscount Cornbury, Captain General, and Governour in Chief, of the Province of iVeu.York, New-Jerseys, and all the Tracts of Land depending thereon in America, and Admiral of the same. The Humble Petition of Francis Makemie, and John Hampton.
Most Humbly Sheweth,
rpHar whereas Your Excellency has been pleased to Commit •*. us to Prison, by a Precept, wherein there is no crime alleadged; we Your Lordships most humble Petitioners and Prisoners, most humbly pray, we may be admitted to know our Crime. And Your Excellency's most humble Petitioners iy Prisoners further pray, as we are Strangers on our Journey to New-England, above four hundred miles from our Habitations, we may be allowed a speedy Tryal, according to Law, which we humbly conceive, to be the undoubted right and priviledge of every English Subject. And Your Excellency's most humble Petitioners, and ajflicted Prisoners, shall, as in duty bound always pray. Francis Makemie.
To which Petition, after sundry days, they received the following verbal answer, by the Sheriff who presented the former Petition. 1. Ld. Cornbury did admire they should Petition to know their Crime, he having so oft told them. 2. If they take the right way, they may have a Tryal. And tho' they signified