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Their Precepts for their Apprehending, and Commitment. (2.) Sundry Petitions. (3.) The Interlocutory Conference, promoted and extorted from Mr. Mdkemie. (4.) Copies of Records, attested by Mr. Secretary. (5.) The Pleadings of the Defendant and Lawyers, with some Intermixt Animadversions, and Glosses upon those as the Text. If the Publisher is mistaken in his sense of things, he is under the Correction of all Judicious, Impartial, and Unprejudiced Persons, whom he readily submits unto.
If any want Information concerning the Sufferings of other Dissenters, both in their Persons, Estates, and Religious Liberties; I Recommend to the Body of Inhabitants of Jamaica, and New-Town on Long-Island, and Bedford in West Chester; the former affraid to Petition, tho' one of them has a Minister by a during-Pleasure Licence: And the late Petition of Bedford, for Calling a Minister, is not yet answered, until an Abdicated Scotch Jacobite Parson, obtruded upon them, that insults intollerably over them, is consulted with. And how consistent such things are even with the Liberty of Conscience, enjoined and commanded to be allowed by the Queens Instructions produced in Court, and to be found in this Narrative, I leave to every Reader to determine.
So 1 bid you farewel.
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.
THERE is nothing more common in Europe, then Publishing and Printing most Trials, 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 Pe«r/-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 Ntw-Town on Long-Island, where according to publick appointment 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.
VfflHEREAS I am informed, that one Mackennan, ^TM 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 bejore 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-
A true Copy Examined per
4 ND 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-^4nnc 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 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 1
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 1
F. M. If the Law fo\#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 Certijicates 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 Psenal 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 Paenal Laws; therefore the Act of Toleration does not extend to any Plantations 1
F. M. I desire the Law may be produced; for I am morally
perswaded Vol. IV.—No. 4. 13