A Particular Narrative of the Imprisonment of two Non-conformist Ministers; and Prosecution or Tryal of one of them, for Preaching a SERMON in the City of New-York.

T

HERE is nothing more common in Europe, then Publishing and Printing most Tryals, especially such as afford any thing remarkable, either from the Merit of the Cause, or Manner of Prosecution. And there being something Singular and Extraordinary, in sundry respects, in the Cause now before us; we cannot, we dare not, be silent at this juncture, but bound to let both Europe and America know, the first Prosecution of this nature, that ever was in America; which we hope, from the Merit of the Cause, manner of Proceeding, and unsuccessfulness, shall never be drawn into President, in our quiet and peaceable Wilderness.

And tho' there was a disappointment, in taking an exact Copy of every thing offered at the Tryal, and so no accurate, or strictly Formal Tryal, can be expected, especially from One who is no Lawyer; but only a brief Narrative and Genuine History of the several steps of suffering, by the Confinement of Francis Makemie, and John Hampton, Presbyterian Ministers, for Preaching two Sermons in the Government of New-York, without Licence being first obtained of Lord Cornbury, for so doing; the former upon the earnest request of certain persons in the City of York, Preached a Sermon at the House of William Jackson, in Pearl-street, on the 20th day of January, 1706, 7. in as publick a manner as possible, with open doors; which Sermon is since Printed; which he was necessitated to do, seeing Lord Cornbury opposed his Preaching in the Dutch Church; and the latter Preached a Sermon on the same day in a Publick Meeting-House, offered to Record by the Inhabitants of New-Town upon Long-Island.

And Mr. Makemie remained at York City all Monday, and a part of Tuesday the 22d of January, and Travelled that day to New-Town on Long-Island, where according to publick ap

pointment

pointment on the Lords-Day, he was designed to Preach on Wednesday following; And was no sooner arrived there, but both were Apprehended by Thomas Cardale, High-Sheriff, and Stephen Luff, Under-Sheriff of Queens-County, by a Warrant, Signed by Lord Cornbury, as followeth.

WHEREAS I am informed, that one Mackennan, and one Hampton, two Presbyterian Preachers, who lately came to this City, have taken upon them to Preach in a Private House, without having obtained My Licence for so doing, which is directly contrary to the known Laws of England; and being likewise informed, that they are gone into Long-Island, with intent there spread to spread their Pernicious Doctrine and Principles, to the great disturbance of the Church by Law Established, and of the Government of this Province. You are therefore hereby Required and Commanded, to take into your Custody the Bodies of the said Mackennan and Hampton, and them to bring with all convenient speed before me, at Fort-Anne in New-York. And for so doing, this shall be your sufficient Warrant: Given under my Hand, at Fort Anne this 21st day of January, 1706, 7.

To Thomas Cardale Esqr. High-Sheriff of Queens-
County on Long-Island, or his Deputy.

Cornbury.

A true Copy Examined per

Thomas Cardale.

AND being late when Apprehended they were Prisoners upon Parole, at the Houses of two Neighbours for that night, and next day, instead of carrying them to Fort-Anne, according to the directions of said Precept, they were carried by said Sheriffs to Jamaica, seven or eight miles out of their direct way to York, and there detained all that day & night; as if they were to be carried about in Triumph to be insulted over, as Exemplary Criminals, and put to further Charge. The 23d day about Noon, they were carried to Fort-Anne in York; and after sundry hours attendance, appeared before Lord Cornbury in the Council-Chamber, about three or 4 of the Clock, who charged them with taking upon them to Preach in his Government without his Licence.

And

And in regard the Interlocutory Conference upon that Occasion, which continued for some time, has been misrepresented by sundry hands, and is a seasonable & suitable preliminary to the ensuing Tryal: It is judged expedient to publish as much thereof, as was very soon committed unto Writing, as followeth.

Lord Cornbury. How dare you take upon you to Preach in my Government, without my Licence?

Mr. Makemie. We have Liberty from an Act of Parliament, made the First Year of the Reign of King William and Queen Mary, which gave us Liberty, with which Law we have complied.

Ld. C. None shall Preach in my Government without my Licence?

F. M. If the Law for Liberty, my Lord, had directed us to any particular persons in Authority for Licence, we would readily have observed the same; but we cannot find any directions in said Act of Parliament, therefore could not take notice thereof.

Ld. C. That Law does not extend to the American Plantations, but only to England.

F. M. My Lord, I humbly conceive, it is not a limited nor local Act, and am well assured, it extends to other Plantations of the Queens Dominions, which is evident from Certificates from Courts of Record of Virginia, and Maryland, certifying we have complied with said Law.

Both Certificates were produced and read by Lord Cornbury, who was pleased to say, these Certificates extended not to NewYork.

Ld. C. I know it is local and limited, for I was at making thereof.

F. M. Your Excellency might be at making thereof, but we are well assured, there is no such limiting clause therein, as is in Local Acts, and desire the Law may be produced to determine this point.

Ld. C. Turning to Mr. Attorney, Mr. Bekely, who was present, ask'd him, Is it not so, Mr. Attorney?

Mr. Attorney. Yes, it is Local my Lord, and producing an Argument for it, further said, that all the Pænal Laws were Local, and limited, and did not extend to the Plantations, and the Act of Toleration being made to take off the edge of the Pænal Laws; therefore the Act of Toleration does not extend to any Plantations?

F.M. I desire the Law may be produced; for I am morally perswaded

VOL. IV.-No. 4.

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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. Makemie further said, that he presumed New-York 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 Strowling 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 my 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,