A NARRATIVE Of a New and Unusual AMERICAN Imprisonment Of Two PRESBYTERIAN MINISTERS: And Prosecution of Mr. Francis Makemie One of them, for Preaching one SERMON at the City of NEW-YORK.

By a Learner of Law and Lover of Liberty.

Printed for the Publisher. 1707.


An Epistle to the READER.

Ingenuous Reader,

YOU have here a Specimen of the Cloggs & Fetters with which the Liberty of Dissenters are intangled at New-York and Jersey Governments beyond any places in Her Majesties Dominions; And when the Conditions, and Impositions required, are as heavy, and uneasy to be bore; and as great a Scruple of Conscience, as the grounds of their Separation and Dis­sent, it is next to no Liberty at all.

And what the Consequences of such practices, if persisted in, will prove to such a Place, where Dissenters are above twenty to one, for one Church-man, and where men and money are so much wanting, for the defence of New-York, both by Sea and Land, which not many years, (by demands of men and money from the Neighbouring Colo­nies on the Continent) was represented, as their only Barrier and Frontier, I leave to thinking men, and considering Politicians to an­swer; besides the difficulties and discouragements laid in the way of such as would Import themselves, and the ready and shortest way to promote Deserters from those Provinces.

I cannot omit a true, and strange Story, I lately heard of, that during the Imprisonment of these two Gentlemen, either to find out a Crime, none being specifyed in the Mittimus, or to aggavate their imaginary fault: An Order was given to Major Sandford of East-Jersey, to put sun­dry persons upon Examination, and their Oaths, to discover what Dis­course they had with sundry of their friends, at the House of Mr. Jasper Crane in New-York-Town in East-Jersey, where Mr. Samuel Melyen, Mr. Crane [...]nd another, gave their Depositions before Major Sandford, but found nothing to their purpose: Tho the practice is not to be out­done, yea, scarce paralelled by Spanish Inquisition; for no men are safe in their most private Conversations, if most intimate Friends can be compelled upon Oath, to betray one anothers Secrets. If this is agrea­ble [Page] to English Constitution and Priviledges, I confess, we have been hi­therto in the Dark.

Preaching in a Private House was a Crime, and Preaching since, after being declared Not Guilty by a Legal Tryal, in a Publick Church, allowed by Law to the [...]rench, is since resented as a greater, by that Unchristian Clamour, made soon after, by some High-flown Spa [...] pretended Sons of the Church, who with a great deal of unbounded fury declared, If such things were allowed, their Church was ruined: Which is a language of the same nature of those High-Flyers in England, who were declared by a Vote of the House of Lords, Enemies to the QUEEN and Government, for suggesting, the Church of England was in danger, from the Liberty, or Toleration of Dissenters.

Tho' Preaching a Sermon, and Printing it as the cause of Imprison­ment, be reputed a Libel, to justifie opening of Letters, and seizing Books, without restoration or satisfaction. I hope it will be no crime, for Losers to speak, in telling the World, what we have suffered on sun­dry accounts; not only by Imprisonment, and the exorbi [...]nt expen­sive prosecution; and besides great loss of time, many diminitive re­proaches upon our Reputations, by a Set of men who could reach by their Short Horns to no higher degree of Persecution: And all this for Preaching one Sermon, without obtaining a Licence, which they could not, in terminis submit to, neither can nor dare in Conscience do to this day.

And even [...] such as have this new moulded Licence, it [...] Crime to Preach in another place then is expressed in said Licence▪ [...] for any to Preach in their Pulpits: if a People wants a Minister, they must have a Licence to call one, whither from New-England or Europe, a Licence to admit Ministers to attend any Ordination, and limited for number, and tyed up from exercising their Ministry without Licence, tho' in a transient manner, which has drove some out of the Govern­ment, and deterred others from coming thereunto; which informs all, what Liberty of Conscience Dissenters do enjoy.

Mr. Makemie since the Tryal, narrowly escaped a second Prosecution, for Preaching another Sermon: as some say, with a new Charge of be­ing the Author of the Jersey Paper called, FORGET and FORGIVE; which is so groundless a Charge, in which his [...] not believe themselves, while the Authors smile at the mist [...] [...] men are suffering Imprisonment on account of said Paper, [...] [...]ll appear to [Page] have been composed before Mr. Makemie came into these Parts.

This Narrative consists chiefly of these parts for matter. (1.) Their Precepts for their Apprehending, and Commitment. (2.) Sundry Pe­titions. (3.) The Interlocutory Conference, promoted and extorted from Mr. Makemie. (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 Recom­commend to the Body of Inhabitants of Jamaica, and New-Town on Long-Island, and Bedford in WestChester; 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 I bid you farewel.

[Page 1]

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 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 [Page 2] Tuesday the 22d of January, and Travelled that day to New-Town on Long-Island, where according to publick appointment 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 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:

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

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 t [...]r 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 in regard the Interlocutory Conference upon that Occasion, which continued for some time, has been misrepresented by sundry hands, and [Page 3] 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 New-York.

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 cause 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 Paenal 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?

F. M.

I desire the Law may be produced; for I am morally 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 [Page 4] 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 you [...] Lordship.

Ld. C.

Yes, New-York [...]s 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 these men, are in an 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 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.
[Page 5]

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 hare 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 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 cul [...]ble, 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 cess [...]tion 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 Instructions.

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.
[Page 6]

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 New-York, 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 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 Card [...]e, 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 [Page 7] 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 Commitment.

YOU are hereby Required and Commanded to take into your Custo­dy, the Bodies of Francis Makemie and John Hampton, and them safely keep till further Orders; and for so doing, this shall be your Warrant.

Cornbury. (Seal)
To Ebenezer Wilson, Esqr. High-Sheriff of New-York.

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 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 alleadged, 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.

[Page 8]

To His Excellency Edward Viscount Cornbury, Captain General, and Governour in Chief, of the Province of New-York, 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 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 New-York, 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 whereas Your Lordship is pleased not to allow our Certificates from Courts of Record in Virginia and Maryland, to reach to Your Excellen­cy's [Page 9] Government; Therefore we being Your Lordships Prisoners, most 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.

To the Worshipful Justices of the Peace, now Sitting in the Quar­ter-Sessions, for the City and County of New-York. The Hum­ble Petition of Francis Makemie, and John Hampton.

Humbly Sheweth,

THat 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.
  • John Hampton.

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.

[Page 10]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 of Tolerati­on takes place, is a legal qualification in the eye of the Law, tho' the Courts reject, and take no notice thereof.

And at length, some days before March Term, soon after the arrival of the Chief Justice, Roger Momp [...]sson Esqr. the Prisoners by their Lawy­er, Mr. Reigniere presented to the Chief Justice, the following Petition, at his Chamber.

To the Honourable Roger Mompesson Esqr. Chief Justice of this Her Majesties Province of New-York.

May it please your Honour,

WE the Subscribers being Prisoners detained in the Custody of the Sheriff of the City of New-York, by virtue of a Warrant, whereof a true Copy is hereunto annexed; Do most humbly request your Honour, to award and grant us Her Majesties Writ of Habeas Corpus, to be directed to the said Sheriff, that we may be thereby brought before your Honour, or some other Judge, in order to our Enlargement, according to Law. We are your Honours most Humble Ser­vants.

  • Francis Makemie.
  • John Hampton

And after a due consideration of the Statutes in this case provided, the following Writ of Habeas Corpus was granted, and the Prisoners were not without hopes to be discharged without Bail, there being no crime nor suspicion of crime, seecifyed in our Warrant of Commitment.

ANNE, by the Grace of God, Queen of England, Scotland, France and Ireland, Defender of the Faith, &c. To the Sheriff of our City of New-York: Greeting. We Command you, that the Bodies of Francis Makemie and John Hampton, in our Prison, under your Custody detained, [as it is said] un­der [Page 11] safe and secure conduct, together with the day, and cause of their Caption and detention, by whatsoever names, the same Francis and John, may be reputed in the same, you have before our trusty and well-beloved Roger Mompesson Esqr. our Chief Just­ice of our Supream Court of Judicature of our Province of New-York. at his Chamber, Situate in Queens-street, in the City of New-York, immediately after the receiving of this Writ, to do, and re­ceive all and singular those things which our said Chief Justice, of him, shall then and there consider in this behalf; and have you then and there this Writ. Witness Roger Mompesson Esqr. our Chief Justice at New-York, this eighth day of March, in the sixth Year of our Reign.

infra Script. Allo.
per me, Roger Mompessen.

The Execution of this Writ appears in the Schedule hereunto an­exed.

Ebenezer Wilson, Sheriff.

A true Copy.

George Clarke.

This Writ being put into the Sheriffs Hands on Saturday, was not executed till Monday, in the Afternoon, at which time the Sheriff told them, he had another Mittimus put into his hands, wherein a supposed crime was specifyed, and only to be detained, until discharged by due course of Law; and so were obliged to provide Securities: And as our Confinement was by the former Mittimus, by a new Mittimus, our Imprisonment was implicitly adjudged and owned to be false Imprison­ment for six weeks and four days; & the Sheriff in the presence of Dr. John Johnstone, Mr. Regniere, and Mr. William Jackson, refused to Exe­cute the foresaid Writ, until they had paid him twelve pieces of Eight, for their Commitment, and as much more for the Return of the Writ of Habeas Corpus; denying also Receipts for said money when paid.

They were conducted the immediate day, before the Supream Court, and upon their new Mittimus, contained in the following Return, were obliged to enter Recognizance, with two Securities, Doctor John John­stone, and Mr. William Jackson, for their appearance next day, at the Supream Court, and bound not to depart, without the Courts leave.

The Return is as followeth.

I Ebenezer Wilson Esqr. Sheriff of the City and County afore­said, to Roger Mompessen Esqr. Chief Justice of the Supream Court of Judicature, of the Province of New-York, at the time [Page 12] and place in the Writ to this Schedule annexed specifyed, do most humbly certifie, that before the coming of that Writ to me directed; the within named Francis Makemie and John Hampton, were committed unto the Goal and Prison of our Lady the Queen of the City of New-York, under my Custody, by virtue of a cer­tain Warrant, under the Hand and Seal of Edward Viscount Corn­bury, Captain General, and Governour in Chief of the Province of New-York; bearing date, the three and twentieth day of Ja­nuary last past; the tenour of which Warrant followeth in these words, viz. You are hereby required and commanded, to take into your Custody, the Bodies of Francis Makemie & John Hamp­ton, and them safely keep, till further Orders; and for so doing, this shall be your sufficicient Warrant. Given under my Hand and Seal, this three and twentieth day of January, 1706, 7. Corn­bury. To Ebenezer Wilson Esqr. High Sheriff of the City and County of New-York. And I do further Certifie, that before the coming of said Writ to me directed, that the said Francis Makemie and John Hampton, were committed afterwards by another War­rant, under the Hand and Seal of his said Excellency, Edward Viscount Cornbury, Governour aforesaid; bearing date the eighth day of March instant, unto the Goal & Prison aforesaid, under my Custody; the tenour of which Warrant also followeth in these words, (viz.) New-York. ss. You are hereby required & command­ed to take into your Custody, the Bodies of Francis Makemie & John Hampton, pretended dissenting Protestant Ministers, for Preaching in this Province, without qualifying themselves according to an Act of Parliament, made at Westminster, in the first year of the Reign of our late Soveraign Lord and Lady, King William, and Queen Mary; and also without my Licence first obtained; and them safely to keep, till they shall be discharged, by due course of Law; and for so doing, this shall be your sufficient Warrant. Given under my Hand and Seal, this eighth day of March, An. Dom. 1706. Cornbury. To Ebenezor Wilson Esqr. High Sheriff of the Ci­ty and County of New-York. And this is the cause of the taking and detaining the Bodies of the aforesaid Francis Makemie, and John Hampton; yet the Bodies of them the said Francis Makemie, and John Hampton, before the said Roger Momp [...]ssen, Espr. Chief Justice as aforesaid, at the time and place in the Writ aforesaid, specifyed, I have ready, as it is in the said Writ commanded me.

A True Copy.

George Clarke.

[Page 13] It is observable, the second Warrant is still granted, and signed by the Supream Authority, and without mentioning the Queens Name o [...] Authority: And the supposed Crime specifyed is double; as 1. Prea­ching in New-York Government, without complying with the qualifi­cations of an Act of Parliament, made the first year of King William & Queen Mary: Whereas Ld. Cornbury had read in January, their Certifi­cates both from Virginia and Maryland, certifying their qualification ac­cording to said Act of Parliament. 2. Preaching without Licence be­ing first obtained of Lord Cornbury; whereby it is plain, that comply­ing with the Law, is not sufficient without a Licence: And from what goes before, it is undeniable, they were qualifyed, and had complyed with the Law, even in New-York Government, before the date of this last Warrant, and that was by tendering themselves, not only to his Ex­cellency, but also to the Quarter Sessions, for qualification; which is all that any Dissenter can do, and all the Law requires of them to be done: And such as had Licence, are not yet qualifyed according to said Act of Parliament. For taking the Oaths only before Ld. Cornbu­ry, and taking them before a Court, are not the same. But having rela­ted all the antecedents to the Tryal, we are now arrived at the Tryal or Prosecution at the Supream Court in March Term.


AS 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 [...], for the Information of America, Copies of these fol­lowing particulars. 1. The Act of Assembly of New-York, for Settling a Ministry, and [...]ising a Maintainance for them, only in s [...]me particular places of that Government. 2. A Copy of that Act of 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 conclude this Nar­rative.

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

[Page 38]

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 Ad­ministred. 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 expres­ [...]ed; there shall be called, inducted and established, a good sufficient Pro­testant Minister, to officiate and have care of Souls, within one year [...]t 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 [...], in Queens-County two, one at Jamaica, and the adjacent Towns & [...]ms: The other to have the [...] of Hempstead, and the next adjacent Towns and [...]

And for th [...] [...]tive 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 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, [Page 39] 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, 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, [Page 40] 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 Offi­ [...]e 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 [...] the contrary hereof in any wife 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, Lieutenant-Governours, Deputy-Governours or Commanders in Chief of 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 of 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 England; 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 [Page 41] 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.

To [...] Greeting.

I Do hereby Licence and Tolerate you, to be Minister of the [...] Congrega [...] on at [...] in [...] County, in the Province of New-York: And [...] have and exercise the free Liberty and Use of your Religion, pursuant to Her M [...] jesty's Pleasure, therein signified to me, in Her Royal Instructions; for and d [...] ring so long time, as to me shall seem meet. And all Ministers and others, [...] hereby required to take notice hereof.


A Copy of a Certificate from the Court of Accomack County in Virginia, read by Lord Cornbury, before Commitment of Francis Makemie, for Preaching a Sermon at York.

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 Dwelleng-House at Pocamock, should be Registred and Recorded to be the first places of his constant and ordinary P [...]ing:

Per me John Washbourn, Cler. Car. Com. Accomack.
[Page 42]

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.

TO Tho. Cardale, Sheriff of Queens County, on L [...]ng-Island, for apprehending and bringing us before Ld. Cornbury, at Fort-Anne.040100
To Charges at Jamaica, whether we were carried out of the way.001200
To Expences at White-Hall Tavern, while at­tending Lord Cornbury's leisure, besides what [...]undry Friends spent000203
[...] Ebenezar W [...]lson High Sheriff for Commit­ment to his House.040100
To Extraordinary Expences, during the time of our Imprisonment.060000
To Mr. Ja. Reignere for a retaining Fee.011309
To a Fee at another time.030600
To Ebe. Wilson, Sheriff of York for Accommodation.130506
To Ditto for Return, and Habeas Corpus.040100
To the Chief Justice when we gave Recognizance.011600
To Ditto after the first Term.001800
To Mr. William Nichel for pleading.021200
To Ditto still due, but now ordered him.011000
To my Charges in returning with my man from Virginia both by Land & Water, to attend the Tryal at New-York.120606
To the Sheriff for a Copy of the Pannil000506
To Mr. Attorney for the Queen tho' Cleared.121206
To Mr Secretary for Fees.051206
To the High Sheriff for Fees after Tryal.011000
To the Judge.010000
To Judge Willward for taxing the Bill of Cost I think001200
To the Cryer and Under-Sheriff.001000
To M [...] Reignere for his pains in Writing and Pleading.050000

[Page 43]IN this Po [...]ipt, there is first, The only Establishing Act of New-Yor [...] which t [...] [...]ergy of the Church of England has laid hold upon [...] thereby would dec [...]e the World, in imposing upon, not only the A [...] rican, but Europaean World, that they are Established in New-York Gover [...] ment, 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 New-York for the future; in not giving a handle to any, to pervert their Laws, contrary to the intention of the Legislators, for confirming by subsequent Acts, in their unjust possessions; all which they may perceive from the following particu [...] 1. This Law is no general for the whole Government, but for four Counties of a Colony where there are nine Counties; so that the largest share is yet without the benefits of this Act. 2. It was made upon the motion and appli­cation of sundry Dissenters, on Long-Island, yet alive, who expected a­nother benefit by it, then they have been since treated with. 3. It was made by an Assembly generally Dissenters, and are so to this day; and let such as are alive declare their design in this Law. 4. There is not any mention of so much as the name of the Church of England, or the mode or manner of the Church of England Worship, Government or Ceremonies in all the Law, without which, I cannot imagine they can have any Establishment. 5. Every sufficient Protestant Minister, duly called according to directions of said Law, has a right hereunto, and none else, and that Dissenters for whom this Law was originally de­signed, are deemed and called Ministers, and men in Holy Orders, is plain from the express words of the Act of Toleration. 6. None have a right unto, or should have any benefit by this Act, but he that is cal­led and chosen by twelve men, chosen by the free Votes of the people of the County which Mr. Urqhart of Jamaica, never had by any Vote of the majority; therefore has as great a [...]ight to the Salary there, as he has to the Meeting-House, with the House & Land he lives upon, of which the Proprietors have been Ousted with violence, without all legal Process or Ejectment; and being of 1500 l. value. It is matter of sati­faction this practice is singular, and not yet made a President of, tho' New-Town is threatened by the same Parson. 7. It is observable, at the time this Law was made, there was not a Church of England Clergy-man [Page 44] [...]n in all that Country, and for some time after. 8. As no person had [...]right by this Law, but such legally called, and chosen so consequent­ [...] [...] was no crime for the Vestry to refuse levying or [...]ng money to [...] is had no right. 9. By English Law, and Practice, [...] Vestry men [...] to be [...]ed as culpable, until legally convi [...] of the crime, or [...]atter of fact. 10. By the last clause of this Law, all former Agree­ments made between Ministers and People, were confirmed and ratify­ [...], and all such were then, and are to this day, Dutch, French, and Bri­ [...] Dissenters. So much concerning New-York Act of Assembly.

As to [...] English Act of Parliament, I shall say nothing, but leave that [...] the Queens-Bench, and the Learned Judges there, when the crimeless [...]ittimus, and till further order comes to be tryed by them.

The next Copy is a New-York Licence, not so common and general [...] Dissenters, as Mr. Attorney asserted at the Tryal; for if they were [...] called in, they would make but a small number, and any may have [...]em for half the money they cost; and with some not so easily swal­ [...]ed down, as Conformity, for which we dissent: And for these Rea­ [...]ns. 1. If we are not Ministers before, this Licence can never make [...] so. 2. No such Instructions from the Queen was produced at the Tryal, as laid Dissenters under any obligations of taking Licences. 3. [...]y this Licence they are only tolerated to exercise their Religion in one Congregation, and allows not a liberty to Preach to any People [...] the whole Government, who shall desire it, which no Minister in his right wit for the future, will submit to 4. It is a most precarious liber­ty, which is granted, not, Quamdiu bene se gesserit, but during pleasure; which is inconsistent with that Commission and Authority; which Mi­nisters of the Gospel, called of God, derive from the Lord Jesus Christ, the Head and King of his Militant Churches: Therefore it is from a principle of Conscience, and not from any contempt of Government [...] disrespect to the persons of any in Authority, that they cannot, they dare not submit to such a Licence, so inconsistent with the toleration, and that liberty of Conscience allowed in Britain, and practised in all the Queens Dominions, besides New-York, and commanded to be allow­ed by the Queens Instructions.

The next thing to be taken notice of in this Postscript, is a Copy of Mr. Makemies Certificate from a Court of Record in the Dominion of Virginia; which was produced to, and read by Ld. Cornbury, before Con [...]ment, and shown to the Grand Jury, before the Presentment was found: And tho' Mr. Attorney told the said Jury, while four of the Hearers were examining upon Oath concerning the Sermon, this [Page 45] Certificate was writ under a Hedge, which no doubt influenced them to have no regard thereunto: Yet if the Act of Toleration, and conse­quently this Certificate had come in play at the Tryal, he was armed with an Exemplification from the Government, signed by the Praesident, and the Seal of the Colony annext, to prove the truth and validity of this Certificate, and vindicate it from Forgery.

The last thing is an account of the Expences, of not only a person who is innocent, but for doing good, as was determined by the Tryal; and in complying with the most solemn obligations of duty, both to God, and the Souls of men. To which, besides loss of time, and ab­sence from his Family and Concerns, he might have justly charged Twelve Pounds more Money, by being necessiated to make his Escape, both by Land and Water to New-England, from Office with new Pre­cepts, whereby a whole Sabbath was prophaned, in seeking to appre­hend him; for which some must be accountable.

But it is plain and undeniable, that the Prosecution of the most in­nocent person in the world at New-York is more expensive, then if Mr. Makemie had been guilty of all the Paenal Laws mustered up, in the In­dictment against one Sermon, if prosecuted in England, even while P [...] nal Laws were in force, and Executed there.

And a fair and legal decision, cannot put an end to a Controversy where the same fact is made criminal, and a new Process violently de­signed, and vigorously aimed at, by such, as nothing but the interpos [...] on of the Authority of England will put a stop to.

And what legal Authority Mr. Attorney, and a perpetual Sheriff have for their demanded Fees, I leave to the Regulated. Table of Fees [...] New-York to determine; not to be paralelled by any Colony in H [...] Majesty's Dominions.

[Page 46]

In regard th [...] all Opportunities have been denyed to the abovesaid Mr. Makemie for his own Vindication, 'twas thought proper here to Subjoin a Copy of his Letter to the Lord Cornbury, of which [...] regard was had, nor answer given.

May it please Your Lordship,

I Most humbly beg leave to Represent to Your Excellency my just astonishment at the Information received from sundry hands since my arrival in these Colonies, and after so long and so expensive a Confinement, so deliberate and fair a Tryal, before Judges of Your Lordships appointment, and by a Jury Chosen by your own Sheriff, on purpose to try that matter: I have been legally cleared, and found guilty of no Crime for Preaching a Sermon at New-York, though my innocence protected me not from unspeakable and intollerable Expence.

I am informed, may it please your Excellency, there are Orders and Dire­ctions given to sundry Officers in the Jerseys, for apprehending me, and [...] design of giving me fresh trouble at New-York.

If I were assured of the true cause of Your Lordships repeated Re­sentments against me, I doubt not but my Innocence, would not only effectually justify me, but remove those impressions imposed on Your Lordship by some persons about you.

And as to my Preaching, being found at the Tryal, against no Law, [...]or any ways inconsistent with Her Majesty's Instructions produced there; and considering the solemn Obligations I am under, both to God, and the Souls of men, to embrace all opportunities for exercising [...]ho [...] Ministerial Gifts vouchsafed from Heaven; to whom I do ap­peal, I have no other end, besides the Glory of God, and the Eternal Good o [...] Previous Souls: I must assure my self Your Lordship insists not on the n [...]w [...]s a Crime, especially in New-York Government, where [...] Pro [...]ts are upon an equal level of Liberty, and no legal Esta­blishment for any particular Perswasion.

I [...] I am Charged with the Jersey Paper, Call'd, Forge [...] and For [...]; tho' the proving a Negative in my just Vindication be an hard Task, and not an usual undertaking; yet doubt not but the thing it self, the matter it contains being foreign to me, and no way concerned [...]e: the time of its publication, being so soon spread abroad after my arrival; I am well assured, none dare legally accuse me, while the Au­thors [Page 47] smile at Your Lordships mistake and imposition, whose Informers deserve to be stigmatized with the severest marks of Your Lordships Displeasure; and the Authors will find a time to confront my sworn Accusers of Perjury; and besides that, I never saw it till about the last of February: We have suffered greatly in our Reputations, and particu­larly by being branded with the Character of Jesuits; tho' my univer­sal known Reputation in Europe and America, makes me easy under such inviduous imputations: I have been represented to Your Lordship as being factious in the Government, both of Virginia and Maryland: [...] have peaceably lived in Virginia, and I brought from Maryland a Cer­tificate of my past Reputation, signed by some of the best Quality on the most Contiguous County, ready to be produced at the Tryal, i [...] there had been occasion for it: A Copy of which I presume to In­close for Your Lordships perusal and satisfaction.

I beg leave to represent to Your Lordship my just concern at the sundry Precepts for apprehending me, both in York and Jerseys, as one of the greatest Criminals; whereby I am prevented in performing my Ministerial Duties to many in Your Lordships Government of m [...] own Perswasion, who desire it. I shall patiently expect Your Lordship [...] Commands and Directions, in giving me an opportunity for Vindicating of my self in what is charged against me, and being always ready to comply with any Qualification enjoined and required by Law.

I beg leave of Your Lordship to Subscribe my self
Your Excellency's Most Humble and most Obedient Servant. Francis Makemie

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