Four religious sects at this time prevailed in New-York, viz. Dutch Calvinists, French Calvinists, Presbyterians of the Irish Church, and Episcopalians of the Church of England. The Presbyterians were so small in their numbers, that they had neither meeting-house nor minister, until the year 1707, when Francis M'Kemie, and John Hampton came into the province in the month of January; who preached in the Dutch Church, by mutual consent. This alarmed his lordship; he began to feel that the church was in danger, and he immediately issued his prohibition. Mr. Hampton preached at NewTown on the next Sunday, but a few miles distant from the city; and the same Sabbath M'Kemie preached with open doors, in a private house in New-York; this so enraged his lordship, that he issued a warrant to the sheriff, who arrested both these ministers at New-Town on the same week, for the offence of preaching without his lordship's licence. The prisoners were carried by the way of Jamaica to New-York, and arraigned at the bar of his lordship, where his lordship attempted to chastise them by severe reprimand; but such was their undaunted firmness, that they resisted the ferocity of temper and manners displayed by his lordship, as well as the pleadings of the attorney-general, and shewed most clearly to the court, that the persecuting laws of England upon the subject of religion, were never designed to extend to the colonies; and where there was no law there could be no transgression. This plea, however true in itself, was of no avail; his lordship alleged that if they had not committed an offence against the laws of England, they had against his instructions, and he issued a warrant to the sheriff accordingly, and committed them both to prison, where they continued six weeks and four days, waiting for the return of the chief justice, who was then absent in New-Jersey. When they were arraigned before the court, his lordship

found his indictment, unfounded in law, and he immedi ately issued another warrant, upon an indictment entirely different from the first, and the defendants found bail for their appearance at the next Supreme Court, which com. menced its sittings soon after.

A Grand Jury were empanneled, who found a bill; against M.Kemie; but Mr. Hampton was discharged.

On the 6th of June the trial commenced, upon this indictment" That Francis M.Kemie, pretending himself to be a Protestant dissenting minister, contemning, and endeav ouring to subvert the queen's ecclesiastical supremacy, undawfully preached without the governor's licence first obtained, in derogation of the royal authority and prerogative; and that he used other ceremonies and rites, than those contained in the Common Prayer Book; and lastly, that he being unqualified to preach, did preach at an illegal conventicle; and both these last charges were said to be contrary to the form of the English statutes." The cause was important; it involved the question of the rights of conscience, and greatly interested the public feeling; all the learned council of the bar were engaged in the question, and the point that laboured was, whether the statutes of royal Lecclesiastical supremacy, extended to the colonies, or were confined to the realm of England. The court appeared disposed to favour the prosecution; but the jury found a verdict of not guilty; yet the court ordered the bail to be holden until the defendent had paid the sum of eightythree pounds seven shillings and six pence.

This cause was of importance to the colony of New-York; hitherto the causes that led to and promoted the settlement of New-England, had in no way interested the feelings of this colony; religion had hitherto held a nominal existence, but formed no particular feature in the organization of this government. This despotic act of his lordship, called up the attention of the people to the

subject of religion, and awakened their consciences to a sense of their immortal concerns, as well as their feelings to a sense of their political concerns, and taught them the necessity of duly appreciating their just rights. As the rights of the people rose in their own estimation, the power, influence, character, and respectability of the governor declined, and his influence had a name to live, but was politically dead. All his former overt acts of oppression and avarice were now arraigned against him in the public mind, and feeling; to obviate these evils, his lordship called a new assembly, who were convened on the 8th of August, 1708, and chose William Nicoll speaker. His lordship met them with a speech, in which he recommended to their notice the revenue again, and the particular state of their Indian affairs, and reminded them of the necessary presents to the Indians. The house listened to the subject of Indian affairs; but instead of granting supplies, agreeable to his lordship's recommendation, they called upon him to furnish a list of such presents as might become necessary, with their probable expence. The house next waved the subject of the revenue, by reimbursing to the governor two hundred and fifty pounds, for and in consideration of a contract entered into for the public service. Upon a general complaint, that the treasury was drained, and the most worthy public officers lay under the burthen of heavy sums advanced for the public service; the house ordered the treasurer to account; when it appeared that he was a public defaulter to the amount of seven hundred pounds; and he was ordered to refund.

The house next proceeded to appoint a committee of grievances, to enquire into and report to the house, what were the wrongs under which the people groaned; this committee reported numerous grievances, under the form

of resolves; the following of which appear to be the principal:

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Resolved, That it is the opinion of this committee, that the appointing coroners in this colony, without their being chosen by the people, is a grievance, and contrary to law.

"Resolved, That it is, and always has been the unquestionable right of every freeman in this colony, that he hath a perfect and entire property in his goods and estate.

"Resolved, That the imposing and levying of any monies upon her majesty's subjects of this colony, under any pretence or colour whatsoever, without consent in general assembly, is a grievance, and a violation of the people's property.

"Resolved, That for any officer whatsoever to extort from the people, extravagant and unlimited fees, or any money whatsoever, not positively established and regulated by consent in general assembly, is unreasonable and unlawful, a great grievance, and tending to the utter destruction of all property in this plantation.

Resolved, That the erecting a court of equity, without consent in general assembly, is contrary to law, without precedent, and of dangerous consequence to the liberty and property of the subjects.

"Resolved, That the raising of money for the government, or other necessary charge, by any tax, impost, or burthen, on goods imported, or exported; or any clog, or hindrance, on traffick or commerce, is fouud by experience to be the expulsion of many, and the impoverishing of the rest of the planters, freeholders, and inhabitants of this colony; of most pernicious consequence, which if continued, will unavoidably prove the ruin of the colony.

"Resolved, That the excessive sums of money screwed from masters of vessels trading here, under the notion of port-charges, visiting the said vessels by supernumerary

officers, and taking extraordinary fees, is the great discouragement of trade, and strangers coming amongst us, beyond the precedent of any other port, and without colour of law.

Resolved, That the compelling any man upon trial by a jury, or otherwise, to pay any fees for his prosecution, or any thing whatsoever, unless the fees of the officers whom he employs for his necessary defence, is a great grievance, and contrary to justice."*

These were severe reflections upon his lordship; but he bore them with calmness; he shewed not one drop of that high prerogative blood, that marked the early part of his administration, when he was engaged in religious persecutions; but these strifes, severe as they were, and painful as must have been the smart, to a man of his high sensibilities; yet fell short of the rod with which his despotic power was chastised in New-Jersey: here the people, impatient of his dominion, appealed to the crown, and the queen removed his lordship from both governments, and Lord Lovelace was appointed by her majesty to succeed him in the spring of 1708; but did not arrive until December following.

The character of Lord Cornbury must have been sufficiently delineated in this narrative of his administration, without any further comment; but his removal from office did not appease the public feeling; his lordship was poor, and in debt; his creditors arrested and imprisoned his lordship, where he remained, until he succeeded to the estate and title as Earl of Clarendon, upon the death of his father, and then he had money to pay his debts, and to carry him home to England. Where is to be found so great a curse to any community, as a religious bigot, who is both poor and proud, and yet clothed with power?

* See M'Kemie's trial, &c.