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 24th. 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 In structions. 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? 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 Goal? 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? 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, Know Law. 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 Com mitment. YOU OU 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 Sheriff of New-York. Cornbury. 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 NewYork, 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, TH Hat 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 & 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 afflicted Prisoners, shall, as in duty bound always pray. Francis Makemie. John Hampton. 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 their desire, both to the Sheriff and Mr. Attorney, to know what that right way was; yet could learn nothing; therefore resolved to arm themselves with patience, until they could obtain a Writ of Habeas Corpus from the Honourable Roger Mompesson Esqr. Chief Justice, who lived in another Government, and could Sign no such Writ, until he came into the Government of New-York; & thereby to bring our selves to a Tryal, or discharged according to due course of Law. In the mean time, the Quarter Sessions for the City and County of New-York, coming in course; and being still absolute strangers to the Constitution of New-York; and being ready to manifest their readiness in complying with the Act of Toleration in all things: They address'd Lord Cornbury by the following Petition. To His Excellency, Edward Viscount Cornbury, Captain General & Governour in Chief, of the Province of NewYork, 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. THat Hat whereas Your Lordship is pleased not to allow our Certificates from Courts of Record in Virginia and Maryland, to reach to Your Excellency's Government; Therefore we being Your Lordships Prisoners, must humbly pray we may be admitted in the Custody of the Sheriff, to apply our selves to the Quarter-Sessions, that we may there offer our selves to qualification, as the Law directs, which we are again ready to do; we being resolved to reside in Your Lordships Government : And we Your Excellency's most humble Petitioners, and afflicted Prisoners, as in duty bound, shall always pray. And this being rejected, with severe threatnings against the Messengers, for presenting a Petition without signing; they resolve to trouble his Excellency with no more Petitions, and being called the Petition of Francis Makemie, and John Hampton, and writ by the hand of one of them, and not acquainted with that practice of Signing all Petitions; it was manifest it came from them, and no other person. Next we addressed our selves to the Quarter-Sessions then Sitting the 5th day of February, by the following Petition, to the same purpose. Το To the Worshipful Justices of the Peace, now Sitting in Humbly Sheweth, THat Hat whereas your Petitioners, are Protestant Ministers dissenting from the Church of England, who have Certificates from Courts of Record, of Virginia and Maryland; certifying, we have taken the Oaths, and performed all such qualifications, as are required in an Act of Toleration, made in the first year of the Reign of King William and Queen Mary, for liberty of their Majesties Protestant and Dissenting Subjects; which Certificates his Excellency Lord Cornbury is not pleased to allow of, to extend to his Government. We therefore your Worships humble Petitioners pray, we may be admitted to appear in the Custody of the Sheriff, at the Bar of your Court, to qualifie our selves again, according to the particular directions of said Act of Parliament, which in obedience to the Law, we are always ready to do: And your Worships humble Petitioners, as in duty bound, shall always pray. Francis Makemie. This Petition being presented, was viewed and handed about, but never allowed a reading in open Court; and Mr. Attorney laying hold thereon, was putting it into his Pocket, asserting it to be a Libel against Ld. Cornbury, and told the Justices, it was none of their business to administer the Qualifications, or to this effect. At the same time, a Certificate in writing was presented by two Inhabitants, for certifying the Dwelling-House of William Jackson, where Mr. Makemie had Preached, desiring the same to be put upon Record: And tho' the Court had these things under consideration for two days, and put the presenters of those Papers to the trouble of a second appearance, & to bring with them Law, for the Courts direction, all was rejected; tho' they had not long before Recorded a Quaker Meeting-House, certifyed by two men, to the same Court, upon the same Act of Parliament. But for the information of all; whatever offers are made to any proper Court for qualification, where the Act Toleration takes place, is a legal qualification in the eye of the Law, tho' the Courts reject, and take no notice thereof. And |