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Queens Name or Authority: And the supposed Crime specified is double; as I. Preaching in New-York Government, without complying with the qualifications of an Act of Parliament, made the first year of King William & Queen Mary: Whereas Ld. Cornbury had read in January, their Certificates both from Virginia and Maryland, certifying their qualification according to said Act of Parliament. 2. Preaching without Licence being first obtained of Lord Cornbury; whereby it is plain, that complying with the Law, is not sufficient without a Licence: And from what goes before, it is undeniable, they were qualified, and had complyed with the Law, even in NewYork Government, before the date of this last Warrant, and that was by tendering themselves, not only to his Excellency, but also to the Quarter Sessions, for qualification; which is all that any Dissenter can do, and all the Law requires of them to be done: And such as had Licence, are not yet qualifyed according to said Act of Parliament. For taking the Oaths only before Ld. Cornbury, and taking them before a Court, are not the same. But having related all the antecedents to the Tryal, we are now arrived at the Tryal or Prosecution at the Supream Court in March Term.
Supream Court, March the first Tuesday, 1706, 7.
Province of )
New- York. J
Present Roger Mompesson, Esqr. Chief Justice.
The Court being called formally, and the Docquet called over, Francis Makemie, and John Hampton made their appearance, and answered to their Names, according to the tenour of their Recognizance.
The Defendants Recognizance ordered to be filed, and the Defendants Appearance Entered.
At the Attorney Generals motion, it is ordered, that the Defendants be continued on their Recognizance, and that they attend the last day of the Term.
The Pannel of the Grand Jurors.
William Anderson. Nathaniel Mastin.
Lawrence Reed. Lewis Carree.
t, Daniel Cromline. Lancaster Symes.
Beverle Lathom. Charles Wooley.
Johannis Holland. Peter Ruckman. , , . D
n - UP D in:,. Johannis Burger.
Benjamin Wmroop. raw Unlet. 5
Abraham Jeanneau. William Provoost.
A true Copy. Geo. Clarke.
Mr. Reignere, Attorney for the Defendant, moved, that the Writ of Habeas Corpus, with all proceedings thereon, at the Chief Justice his Chamber, might be Entered upon Record.
Mr. Attorney for the Queen, replied, it was not matter of Record being obtained not in open Court, but at the Chief Justice his Chamber, and returned to the same place, therefore was not matter of Record; so was put off for that time.
Wednesday the Second Day of the Term. The Honourable, Roger Mompesson, Chief Justice, finding the Writ of Habeas Corpus, and former proceedings thereon, was matter of Record, gave in the following Memorandum to the Court to be Entered.
New- York. ss.
Memorandum, That at the Supream Court of this Province, held at the City of New- York, the second Tuesday in March, in the Sixth Year of Her Majesties Reign; Roger Mompesson Esqr. Chief Justice of this Province, delivered unto the said Supream Court, a certain Record, the tenour whereof followeth in these words.
New-York. ss. To the Supream Court of the Province of
New- York. 'T Roger Mompesson; Chief Justice of the said Court, do '-*- hereby Certifie, That upon the eighth day of March in'stant; That upon a Petition, Signed by Francis Makemie, and 'John Hampton, then delivered unto me: I granted and allow'ed the Writ of Habeas Corpus hereunto annexed; which being 'returned unto me, at my Chamber, in the said City of Neta'York, by Ebenezer Wilson Esqr. Sheriff of the said City & 'County of New-York, the tenth day of this instant Month of 'March, with the Bodies of the said Francis Makemie, and 'John Hampton, together with the Causes of their Commit'ment hereunto annexed; whereupon I did at the day and 'place last mentioned, discharge the said Francis Makemie,
and 'and John Hampton, from iheir several Imprisonments, taking 'the several Recognizances hereunto annexed.
New-Nork. ss. Vf Emorandum, On the \Qth day of March, in •L'-*- the Sixth Year of the Rtign of our Soveraign Lady ANNE, by the Grace of God, of England, Scotland, France and Ireland, Queen, Defender of the Faith, he. Came before me, Roger Mompesson Esqr. Chief Justice of NewYork, Francis Makemie o/&c. John Johnstone, of the Province of New-Jersey, Gent, and William Jackson, of the City of New-York, Cordwainer, and acknowledged themselves severally to be Indebted to Our Soveraign Lady the Queen, as follows, viz. the said Francis Makemie, in the Sum of Forty Pounds, Currant Money of this Province; and the said John Johnstone fy William Jackson, in Twenty Pounds like Money each, to be levied on their Goods and Chattels, Lands fy Tenements, if failure be made in the Condition Endorsed.
npHE Condition of the within written Recogniscance is -*- such, That if the said Francis Makemie do personally appear before Her Majesties Justices of the Supream Court of Judicature, to be held for this Province at the City of New- York, on the morrow of this Day, being Tuesday the Eleventh Day of March instant; there to answer all such matters and things as shall be objected against him, and shall not Depart without leave of the said Court, then the said Recogniscance to be void.
Vera Copia. George Clarke.
The Grand Jury being called and Sworn the first day of the Term; and tho' there was little besides this matter given to them in Charge, yet after sundry debates, several Meetings and Adjournments, found the following Presentment against Francis Makemie; the Queens Attorney, for Reasons best known to himself, gave nothing to the Grand Jury against John Hampton, who was dropt out of the Prosecution; thb' both equally guilty of the same Crime, of Preaching a Sermon in the Government of New- York, and suffered equally by Imprisonment; from which both were. Relieved by the former Writ of Habeas Corpus.
And to such as knew the Grand Jury, when called and sworn, they plainly appeared to be Chosen on purpose to find the Presentment, for some of them had never been upon a Grand Jury, others not for sundry years, and sundry of them Justices of the Peace, who at the Quarter Sessions had so far prejudged them and their Cause, as they refused to allow their Petition a publick reading, or take the least notice of the Certification of a House offered to Record at the same time, by two of the Inhabitants of York, and one of them threatened as to his Trade and Business, as appearing to countenance such a design: Yet with hard strugling, twelve was influenced, and the two last who made up the number, were persons of Dissenting Congregations from the Established Church of England, and their Teachers as liable to be prosecuted, as those Gentlemen, and as guilty of the same, or like Presentment. One Daniel Cromline, a French Refugee, dragoon'd out of France for the same Protestant Religion and Perswasion, and Adrian Hogland, of the Dutch Congregation, whose Minister has yet no Licence, being a new made Lieutenant to a Troop: After four of Mr. JMaketnie's Hearers, Capt. John Thoobolds, Mr. John Vanhorn, Mr. Anthony Young, and Harris, Coachman to Lord Cornbury, being Subpaena'd, gave Evidence upon Oath, they heard no unsound Doctrine, nor any thing against the Government; and one of the Evidences delivered to the Jury, the Act of Assembly of New- York, for Liberty of Conscience to all, except Papists, and shewed to them Mr. Makemie's Certificate from a Court of Record from Virginia, of his compliance with the Qualifications of the Act of Toleration; they notwithstanding at length consented to find the Indictment; whose Votes were, on Friday in the Afternoon, taken in a new and unusual method, as they came in one by one from Dinner.
Fryday the First Term. 'The Grand Jury find the following Bill, which is ordered to be filed.
Of the Term of March, in the Sixth Year of the Reign of our Soveraign Lady ANNE, over England, &c. Queen.
City of New-York.
'^He Jurors for our Soveraign Lady the Queen, upon their * -*- Oath do Present, That Francis Makemie, late of the Pro'vince of Virginia, Gent, pretending himself to be a Protes
'tant 'tant Dissenting Minister and Preacher, and contemning and 'endeavouring to subvert the Supremacy, Jurisdiction and Au'thority of our now Lady the Queen, in Ecclesiastical affairs, 'the two and twentieth day of January, in the Fifth Year of 'the Reign of our Sovereign Lady ANNE, over England, 'fyc. Queen, at the City of New- York, aforesaid [to wit] at the 'Southward of the said City, did privately and unlawfully, take
• upon him to Preach and Teach, and did Preach and Teach 'diverse of Her Majesties Liege Subjects, within the said City '[to wit] at the Dwelling-House of one William Jackson, 'situate in the Ward aforesaid, privately and unlawfully, then 'and there meet, and assembled together, to above the number 'of five persons at one time, under the pretence of Divine 'Worship, without any leave or Licence by him, the said 'Francis, first had, and obtained, according to Law for the 'same, in great derogation of the Royal Authority and Prero'gative of our Lady the Queen, and to the evil Example of all 'others, in the like case offending against the Peace of our Lady, 'the Queen, Her Crown and Dignity. And the Jurors afore'said, upon their Oath aforesaid, do further present, That the 'said Francis Makemie afterwards [ to wit ] the aforesaid two 'and twentieth day of January in the year aforesaid, at the
* City and Ward aforesaid, at the aforesaid Dwelling-house of 'the said William Jackson, did privately and unlawfully assem'ble, and gather together diverse of Her Majesties Subjects un'known, did then, and there voluntarily, and unlawfully, use 'other Rites, Ceremonies, Form and Manner of Divine Wor'ship, then what are contained in a certain Book of Comnion'Prayer, and Administration of the Sacraments, and of other 'Rites and Ceremonies of the Church of England, against the 'Form of the Statute in that case made and provided, and 'against the Peace of our said Lady the Queen, Her Crown 'and Dignity. And the Jurors aforesaid, do further present, 'that the said Francis Makemie afterwards [to wit] the two 'and twentieth day of January, in the fifth Year aforesaid, be'ing then, and now is a person, not qualifyed by Law to Preach, 'Teach and Officiate in any Congregation or Assembly for Re'ligious Worship at the City aforesaid [to wit] at the Southward 'of the said City, at the aforesaid Dwelling-house, of the said 'William Jackson, situate in the said Ward, did take upon him 'to Preach, Teach and Officiate, & then and there did Preach, 'Teach and officiate, in a Congregation, Assembly, Con'venticle fit Meeting not permitted, or allowed by Law, 'under colour or excuse of Religion, in other manner then ac