The greatest trial was not in Maryland, but in New York, where he spent a portion of 1706 and 1707. His experiences there should be familiar to all who are interested in the struggle for religious liberty in America.
The story is told in a curious document written by Makemie himself, which was printed in New York in 1707, under the title "A Particular Narrative of the Imprisonment of two Non-Conformist Ministers; and Prosecution & Tryal of one of them, for Preaching one Sermon in the city of New-York. By a Learner of Law and Lover of Liberty."
The warrant for the arrest of the "criminal" was addressed to Thomas Cordale, Esqr., High-Sheriff of Queens County on Long-Island, or his Deputy, and was signed by Lord Cornbury. It read:
"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 Doctrines and Principles, to the great disturbance of the Order by Law established by 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 then to bring them with all convenient speed before me, at Fort-Anne, in New-York."
When brought before Lord Cornbury, Makemie said: "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."
But Lord Cornbury replied: "No one shall Preach in my Government without my Licence.... That Law does not extend to the American Plantations, but only to England.... I know, for I was at Making thereof.... That Act of Parliament was made against Strowling Preachers, and you are such, and shall not Preach in my Government."
Makemie again challenged Lord Cornbury to show "any Pernicious Doctrine in the Confession of Faith of the Presbyterian Church." Later he refused to give "Bail and Security to Preach no more."
"Then you must go to Gaol," his Lordship said.
On January 23 another warrant was given to the High Sheriff of New York. He was told "to safely keep till further orders" the prisoners committed to him.
From the prison Makemie sent a petition asking to know the charge, and demanding a speedy trial. Later the prisoner was released on habeas corpus proceedings.