omitted some Ceremonies, which was, and is to day, the grounds of the Separation; and it was to oblige such to an Uniformity in Publick Worship. And as soon as the Act was made, and put in Execution, with all its penalties, many were discouraged, others Cast out of the Church, for Nonconformity; and this really made the Separation, and all the mischiefs of the Separation are originally owing to this Act; tho' as soon as the Separation was made, they could not touch Dissenters by the penalties of this Act, therefore were under a necessity of making new Acts of Parliament in the following Reigns, for punishing Separated Dissenters; all which were limited and local in express words; and never designed to pursue Persecuted Persons to an American Wilderness. 4. I am able to make it appear, if this Act of Uniformity were strictly put in Execution, the most of the Clergy of the Church of England, would fall under its lashes and penalties; for none of them are to use any other Rite, Ceremony, or open Prayer, but what is mentioned and set forth, in the said Book of Common-Prayer. And it is well known, the most valuable men in that Church use another Publick Prayer, then is in Common Prayer, and all such persons are so far Dissenters, and being in Communion with the Church of England, are only liable to be Prosecuted upon this Statute.

And as to the Queens Instructions, which Mr. Attorney insists so much upon, it was, and is obvious to every man, they were two distinct Instructions; and tho' we have them placed so near in this Copy, they have no affinity one to another; and it is not fair for Mr. Attorney to take the latter clause of one Instruction, and join it to another, which was before; this is a Curtailing the Queens Instructions: whereas those who composed them, knew better how to join them together, then Mr. Attorney does.

And whereas Mr. Attorney affirms, that giving and taking Licence was very common and universal; I am well assured there never was, neither is to this day any such practice in any Plantation of America; and there were but few persons, as yet in York Government that had Licences; for besides the two Dutch Ministers, who differ upon Long-Island, and it is said Licences are the cause of their difference; there is but one English Nonconformist Minister, in all the Government, who has taken a Licence; and it is as certain, Mr. Dubois, and sundry others of the Dutch Churches has no Licence, neither will submit to any such as are granted.

Mr. Attorney perceiving how matters then stood, moves that

the

the Jury should bring in a special Verdict, and the Judges inclined thereunto; for says Mr. Attorney, the matter of fact is plainly confessed by the Defendant, as you have heard, and you are to bring it in specially, for you are not Judges of Law.

F. M. May it please your Honours, I am a Stranger, who live four hundred miles from this place, and it is known to the whole Country, what intollerable trouble I have been put to already, and we cannot consent to a special Verdict, for that is only to encrease my trouble, multiply my Charge, and give me further delay: And it is a known truth in Law, that Strangers are to be favoured always with expedition in Justice, and does no way approve of delays; and if this should be allowed of, no mans innocence is able to protect him; for if I am cleared, I should suffer more in Charges at last, then if I were really guilty of the breach of many Pænal Laws of England: And as to the Juries judging of Law, and confessing the fact, I cannot see one point of the Law to be judged; for that the Pænal are local and limited, that is owned on all hands, and Pænal Laws are strictly to be taken and interpreted, and not allowed to the ruin of the Subject, to extend, or be interpreted beyond the plain and strict sense of the words. It is also true, we have confessed Preaching a Sermon at the House of Mr. William Jackson, with all its true circumstances; but we have not owned this to be a crime, or repugnant to any Law, or inconsistent with any of the Queens Instructions yet produced to us; neither has Mr. Attorney made any thing of this yet appear; for all those ancient Statutes of H. the 8th tend only to throw off, the Authority, Supremacy and Jurisdiction of the Popes, and See of Rome, and invest the Kings and Queens of England with that usurped Authority of the Popes, and to bring Ecclesiastical persons, under the civil Jurisdiction of England, who in times of Popery were made only accountable to the See of Rome, and that Jurisdiction; therefore does not touch, neither is any way applicable to this Case.

Mr. Attorney, These Gentlemen acknowledge, and say, the Ministers of the Church of England are to take Licences, and obliged so to do; and if so, the Dissenters should also, otherwise they must expect more favour and liberty then the Ministers of the Church of England.

F. M. I must confess, the Case is very different; for it is the opinion and constitution of the Church of England, that notwithstanding their Ordination, they are not to Preach or Officiate as Ministers, until they procure, or have a Licence from their Bishop, or Ordinary, which no Dissenting Minister is con

cerned

cerned with; and they voluntarily and freely bring themselves under an Oath of Canonical Obedience, to obey their Ordinary; and if he require them to take Licences, or any thing else they must, they are sworn to submit thereunto. But finally, There is a great deal of reason, why Ministers of the Church of England should submit to Licence, but we are not; because it is only bare liberty which Dissenters have; but they have not only Liberty, but a considerable Maintainance also; without which, I never knew any of them value Liberty only; and Dissenters having liberty only without any Maintenance from the Government, are not at all under obligations, neither is it required of them to take Licences of any.

After a long debate and fair pleadings, The Honourable Roger Mompesson, Chief Justice, applies himself to the Jury, to this effect: Gentlemen, You have heard a great deal on both sides, and Mr. Attorney says the fact is confessed by the Defendant, and I would have you bring it in specially, for there are some points I am not now prepared to answer; How far Instructions may go, in having the force of a Law, especially when not published, or made known: And there is one objection made by Mr. Makemie, and that is the Oath of Supremacy of England is abolished; & how far it will go in this matter, I confess I am not prepared to answer; If you will take upon you to judge of Law, you may, or bring in the fact specially: This is the first Instance I can learn, has been of a Tryal or Prosecution of this nature in America.

The Jury desired the Act of Assembly of New-York might be delivered to them; and the Defendant desired the Jury might have the Queens Instructions also, which Mr. Attorney opposed and denied.

There is a Constable Sworn to attend the Jury, who withdraws, and in a very short time returned again.

The Jury is called, and finds the Defendant Not Guilty. The Court begun to enquire Reasons for the Jury's Verdict, but the Chief Justice told the Jury, they might give Reasons if they would, & they might choose whether they would or not give any Reasons for their Verdict. The Foreman told the Court, the Defendant had not transgressed any Law: Another person of the Jury told the Court, they believed in their Consciences, they had done the Defendant Justice, & so the Verdict was confirmed.

Mr. Reignere, Attorney for the Defendant, moved, that the Defendant might be discharged; which was by the Chief Justice referred till to morrow morning.

Saturday,

Saturday, June 7th.

Ordered that the Defendant be discharged, paying Fees, and that his Recognizance be likewise discharged.

A True Copy. Geo. Clarke.

The Defendant told the Court, it was an hard case, that an innocent person, and one found so upon Tryal, and by Law, and suffering so much already, and not only innocently, but for doing of good, should pay so severe Fees at last.

At length the Defendant was willing to pay all just and legal Fees to the Court, and Offices thereof, who acted indifferently in their several Offices, as to this matter, but it was unreasonable, he should pay his Prosecutors, whatsoever they were pleased to demand; this was nothing less, then hiring our Enemies to ruin us; but it being the practice, as they affirmed, no Arguments would be received.

The Defendant further told the Court, if he must pay Fees, as he was a Stranger, prayed he might not be left to the Arbitrary Demands of Officers; but that the Bill of Cost might be produced, and examined in open Court, and taxed by the Judges. But the Chief Justice declining it, as a thing he did not concern himself with: It was referred to Robert Millward Esqr. one of the Assistant Judges, who was to tax the Bill, after notice given to the Defendant or his Attorney, of the time & place to make their objections: But the Bill was taxed by said Judge, without any such notice given; and instead of moderating any Articles, added two new ones. And their full account was paid, and a Copy of said Account denied the Defendant, and a Receipt upon payment of Money refused, tho' paid in presence of two Witnesses.

A POSTSCRIPT.

A

S there are Preliminaries to the Tryal Published, to obviate those misrepresentations which have been industriously improved, both at New-York, and elsewhere, to vindicate this new and unusual Prosecution; so it is judged as necessary, to add by way of Postscript or Conclusion, for the Information of America, Copies of these following particulars. 1. The Act of Assembly of New-York, for Settling a Ministry, and raising a Maintainance for them, only in some particular places of that Government. 2. A Copy of the Act of

Parliament

Parliament of England, for Punishing Governours of Plantations in England, for Crimes committed by them in the Plantations. 3. A Copy of such Licences as are granted by Lord Cornbury, to some Ministers. 4. An Account of the Exorbitant Charge of the Confinement and Prosecution, for Preaching two Sermons in New-York Government. 5. A Copy of Mr. Makemies Certificate from a Court of Virginia. To which I shall add some illustrating Animadversions, and so conIclude this Narrative.

1. An Act passed in a General Assembly, made Sept. 12. 1693.

An Act for Settling a Ministry, and raising a Maintainance for them in the City of New-York County of Richmond, Westchester, and Queens-County.

WHereas Prophaness and Licentiousness have of late Overspread this Province, for want of a Settled Ministry throughout the same: To the end the same may be removed, and the Ordinances of God daily Administered. Be it Enacted by the Governour, and Council, and Representatives Convened in General Assembly, and by the Authority of the same, That in each of the respective Cities and Counties hereafter mentioned and expressed; there shall be called, inducted and established, a good sufficient Protestant Minister, to officiate and have care of Souls, within one year next after the Publication hereof: That is to say, in the City of New-York one, in the County of Richmond one, in the County of Westchester two, in Queens-County two, one at Jamaica, and the adjacent Towns & Farms: The other to have the care of Hempstead, and the next adjacent Towns and Farms.

And for their respective Encouragement; Be it further Enacted by the Authority aforesaid, That there shall be annually, and once every year, Collected and Paid for the Maintainance of each of their respective Ministers, the respective Sums hereafter mentioned: That is to say, for the City and County of New-York, One hundred Pounds; for the two Precincts of Westchester, one hundred Pounds, to each fifty, to be paid in Country Produce at Mony Price; for the County of Richmond, Forty Pounds in Country Produce at Mony Price; And for the two Precincts of Queens-County, one hundred and twenty Pounds, to each Sixty in Country Produce at Mony Price. And for the more orderly raising the respective Maintainances

for