for the Ministers aforesaid; Be it further Enacted by the Authority aforesaid, That the respective Justices of every City and County aforesaid, or any two of them, shall every year issue out their Warrants to the Constable, to Summon the Freeholders of every City, County and Precinct aforesaid together on the second Tuesday in January, for the chusing of ten Vestry Men, and two Church-Wardens; and the said Justices and Vestry Men, or major part of them are hereby impowred within ten days after the said day, or any day after as to them shall seem convenient, to lay a reasonable Tax on the said respective Cities, Counties, Parish, or Precinct, for the Maintainance of the Minister and Poor of the respective places; and if they shall neglect to issue their Warrants, so as the Election be not made that day, they shall respectively forfeit Five Pounds, currant Money of this Province; and in case the said Freeholders duly Summoned as aforesaid, shall not appear, or appearing, do not chuse the said ten Vestry Men and two Church-Wardens, that then in their default the said Justices shall within ten days after the second Tuesday, or in any day after as shall seem to them convenient, lay the said reasonable Tax on the said respective Places, for the respective Maintainances aforesaid; and if the said Justices and Vestry Men shall neglect their duty herein, they shall respectively forfeit Five Pounds, Currant Money aforesaid. And be it further Enacted by the Authority aforesaid, That such of the Justices and Vestry Men that shall not be present at the time appointed to make the said Tax, and thereof be Convicted by a Certificate under the hands of such as do appear, and have no sufficient excuse for the same, shall respectively forfeit Five Pounds currant Money aforesaid; and a Roll of the Tax so made, shall be delivered unto the hands of the respective Constables of the said Cities, Counties, Parishes, Precinct, with a Warrant Signed by any two Justices of the Peace, impowering him or them to Levy the said Tax, and upon refusal, to distrain and sell by publick Outcry, and pay the same into the hands of the Church-Wardens, retaining to himself Twelve pence per Pound for Levying thereof; and if any person shall refuse to pay that he is so assessed, and the said Constable do strain for the same, all his Charges shall be paid him, with such further allowance for his pains, as the said Justices, or any of them shall judge reasonable. Or if the said Justice or Justices shall neglect to issue the said Warrant, he or they respectively shall forfeit Five Pounds, Currant Money aforesaid. And if the said Constable, or any of them fail of their duty herein, herein, they shall respectively forfeit Five Pound, Currant Money aforesaid, and the Church-Wardens so Chosen, shall undertake the said Office, and receive and keep a good account of the Money or Goods levied by virtue of this Act; and the same issue by Order from the said Justices and Vestry Men of the respective Cities, Counties, Precincts and Parishes aforesaid, for the purposes and intents aforesaid, and not otherwise. And the Church-Wardens shall, as often as thereunto required, yield an Account unto the Justices and Vestry Men, of all their Receipts & Disbursements; and in case the Church-Wardens, or any of them, shall neglect their Duty herein, they shall respectively forfeit Five Pounds, Currant Money aforesaid, for every refusal. And be it further Enacted by the Authority aforesaid, That the said Church Wardens in their respective Precincts aforesaid, shall by Warrant as aforesaid, pay unto the respective Ministers, the Maintenance aforesaid, by four equal & Quarterly Payments, under the Penalty of Five Pound, Currant Money aforesaid, for each neglect, refusal or default; the one half of all such forfeitures shall be disposed of to the use of the Poor in each respective Precinct, where the same doth arise; and the other half to him or them that shall prosecute the same. Always Provided, and be it further Enacted by the Authority aforesaid, That all and every the respective Ministers that shall be Settled in the respective Cities, Counties and Precincts above-said, shall be Called to Officiate in their respective Precincts aforesaid, by the respective Vestry Men & Church-Wardens aforesaid: And always Provided, that all former Agreements made with Ministers throughout this Province, shall continue and remain in their full force and virtue: Any thing contained herein to the contrary hereof in any wise notwithstanding. An Act to Punish Governours of Plantations in this Kingdom, for Crimes by them committed in the Plantations. Whereas a due Punishment is not provided for several Crimes and Offences committed out of this His Majesty's Realm of England; whereof divers Governours, LieutenantGovernours, Deputy-Governours or Commanders in Chief of Plantations Plantations and Colonies within his Majesty's Dominions beyond the Seas, Have taken Advantage, and have not been deterred from Oppressing His Majesty's Subjects within their respective Governments and Command, nor from committing several other great Crimes and Offences; not Deeming themselves Punishable for the same here, nor accountable for such their Crimes and Offences, to any Persons within their respective Governments and Commands. For Remedy whereof. Be it Enacted by the Kings Most Excellent Majesty, That if any Governour, Lieutenant-Governour, Deputy-Governours or Commanders, shall after the first day of August, One Thousand Seven Hundred, be guilty of Oppressing any His Majesty's Subjects beyond the Seas, within their respective Governments or Commands; or shall be guilty of any other Crime or Offence, contrary to the Laws of this Realm, or in force within their respective Governments or Commands; such Oppressions, Crimes and Offence shall be Enquired of, Heard and Determined in His Majesties Court of Kings Bench here in Enggland; or before such Commissioners, and in such County of this Realm, as shall be assigned by his Majesty's Commission, and by good and lawful men of the same County; and that such Punishment shall be inflicted on such Offender as are usually inflicted for Offences of like Nature committed here in England. A Copy of a Ministers Licence granted by Lord Cornbury. By His Excellency Edward Viscount Cornbury, Captain General, &c. Do hereby Licence and Tolerate you, to be Minister of the Congregation at in I County, in the Province of New-York: And to have and exercise the free Liberty and Use of your Religion, pursuant to Her Majesty's Pleasure, therein signified to me, in Her Royal Instructions; for and during so long time, as to me shall seem meet. And all Ministers and others, are hereby required to take notice hereof. Given under my Hand and Seal, at Fort-Anne, in New-York, this day of in the Year of Her Majesties Reign. Annoq; Dom. Cornbury. A A Copy of a Certificate from the Court of Accomack Accomack-County ss. These may Certifie to all, to whom these Presents may concern, that Mr. Francis Makemie, a Dissenter and Preacher, in the aforesaid County of Accomack, hath at a Court held in the aforesaid County, October the 5th. 1699. performed and answered, by taking the Oaths, &c. Enjoined in a certain Act of Parliament, made the 24th day of May, Anno Dom. 1689. In the First Year of the Reign of King William and Queen Mary, Entituled, An Act for Exempting Their Majesty's Protestant Subjects, Dissenting from the Church of England, from the penalties of sundry Laws. And by his application to the Court by Petition obtained Order in October Court last, that his own House at Accomack-Town, and his Dwelling-House at Pocamock, should be Registred and Recorded to be the first places of his constant and ordinary Preaching: Which is Attested this 10th day of October, Anno Dom. 1699. Per me John Washbourn, Cler. Car. Com. Accomack. An account of the Charges of the Imprisonment of Francis Makemie, and John Hampton; and Prosecution of the former, for Preaching a Sermon at New-York City. Item. To Tho. Cardale, Sheriff of Queens County, on Long-Island, for apprehending and bringing us before Ld. Cornbury, at FortAnne. To Charges at Jamaica, whether we were carried out of the way. To Expences at White-Hall Tavern, while attending Lord Cornbury's leisure, besides what sundry Friends spent. To Ebenezar Wilson High Sheriff for Commitment to his House. To Extraordinary Expences, during the time To Mr. Ja. Reignere for a retaining Fee. To Ebe. Wilson, Sheriff of York for Accommodation. } To Ditto for Return, and Habeas Corpus. To the Chief Justice when we gave Recog nizance. } To Ditto after the first Term. To Mr. William Nichol for pleading. To the Sheriff for a Copy of the Pannil. To the High-Sheriff for Fees after Tryal. To Judge Willward for taxing the Bill of Cost To the Cryer and Under-Sheriff. To Mr. Reignere for his pains in Writing and } 00 05 06 12 12 13 05 06 04 01 00 01 16 00 00 18 00 02 12 00 10 00 12 06 06 06 01 10 00 00 00 } 00 12 00 00 10 00 05 00 00 IN Sum 81 04 09 N this Postscript, there is first, The only Establishing Act of New-York which the Clergy of the Church of England has laid hold upon, & thereby would deceive the World, in imposing upon, not only the American, but European World, that they are Established in New-York Government, as in England; but also influence that Noble Corporation or Society for Propogating the Gospel, or the Patrons of most of them, to break the Fifth Commandment, in Stubbs his Scheme: And tho' the foregoing Tryal has opened the eyes, and undeceived most, if not all at New-York, in this matter; for which they may thank a Prison. So this is to enlighten, not only those abroad in the World, but also influence and direct the Assemblys of NewYork for the future; in not giving a handle to any, to pervert their Laws, contrary to the intention of the Legislators, or con firming |