USA > New York > Albany County > Albany > A historical discourse on the Reformed Prot. Dutch Church of Albany, delivered on Thanksgiving Day, November 26, 1857, in the North Dutch Church > Part 5
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Synod held and assembled in the City of Dort in Hol- land in the year 1618 and 1619.
And the Petitionrs humbly conceive and are advised that they and their Successors would be the better ena- bled to employ the Rents and incomes of the Lands and Tenement aforesaid for Pious and Charitable uses if they were incorporated as some other of the Protestant re- formed Dutch Churches in this Province are.
They therefore most Humbly Pray yor Honors that the Peticonrs and their Successors may be Incorporated by Letters Patent under the great seal of this Province with such or the like Priviledges and Liberties as are granted to the Ministers Elders and Deacons of the Re- formed Protestant Dutch Church in the City of New York and that the said Church and the aforesaid Tene- ments and Lotts of ground and other the Tracts and Parcells of Land aforesaid may be Confirmed unto them and their Successors for ever under such moderat Quit rent as unto yor Honors shall seem meet.
And yor Petitionrs as in Duty bound shall ever Pray &c-
PETRUS VAN DRIESEN
V DM Nomine Synodij.
New York 3ยช day of August 1720.
To the Honble Peter Schuyler Esqr President and the Rest of his Majesties Councill of the Province of New York and the Territories depending thereon in America.
The Humble Petition of Petrus van Driesen Minister of the Dutch Protestant Congregacon in the City of Albany Joannis Cuyler Joannis Roseboom Hendrik van Renselaer and Willem Jacobse van Driesen the present Elders, Rutgert Bleeker Volckert van Vegten Myndert Roseboom and Dirk ten Broeck the present Deacons of the same-MOST HUMBLY SHEWETH
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That yor Petitionrs did lately most humbly pray yor Honors to grant unto them and their Successors Letters Pattent under the Great Seal of this Province for incor- porating them with such and the like Priviledges and Liberties as heretofore granted to the Reformed protest- ant Dutch Church in the City of New York together with a Confirmation of all such Lands and Tenements as they now hold to and for the use of the said Congrega- con-
But so it is may it please yor Honors that one Mr Hendrik Hansen of the City of Albany has entered a Caveat against the passing of the said Patent under pre- tence that the Dutch Church erected in the City of Albany is built on some part of the ground belonging to the said Mr Hansen, and altho yor Petitionrs can easily make appear that the said pretence is groundless and only make up of by the said Hansen to delay yor Petitionrs in the Presenting and obtaining of the said Patent.
They therefore most Humbly Pray that for the Re- moving of all difficultyes and objections that may be raised against the passing of the said Patent a Clause may be inserted in the Same to save the Right and Title of all manner of persons to the Lands and Tenements or any part thereof which the Petitionrs by their former petition did Humbly pray to be Confirmed unto them and their Successors.
And yor Petitionrs as in duty bound shall ever Pray &c.
PETRUS VAN DRIESEN VDM Nomine Sijnodeii.
New York 6th Aug 1720
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ACT OF INCORPORATION.
George by the grace of God King of Great Britain, France and Ireland, defender of the faith, &c., to all to whom these presents shall come or may concern, send- eth greeting: Whereas our loving subjects the Rev. Petrus Van Driessen, Johannes Cuyler, Johannes Roose- boom, Henrych Van Rensselaer, William Jacobse Van Deusen, Rutgert Bleecker, Volkert Van Veghten, Myn- dert Rooseboom and Dirck Tienbroock, the present ministers, elders and deacons of the Reformed Protest- ant Dutch Church in the city of Albany, in our pro- vince of New York, by their humble petition presented to our trusty and well beloved Colonel Peter Schuy- ler, president of our council for our province of New York, in council have set forth that the inhabitants of Albany, descended of Dutch ancestors, have from the first settlement of this province by Christians, hitherto held, used and enjoyed the free and undis- turbed exercise of their religion and worship in the Dutch language, after the manner of the established Reformed Protestant religion in Holland, according to the common rules, institutions and church go- vernment of the national synod of Dort, in Holland, in the year of our Lord Christ one thousand six hun- dred and eighteen, and one thousand six hundred and nineteen. And that the said minister, elders and dea- cons, and their ancestors and predecessors, at their own charge and expense, erected, built and hitherto main- tained a church within the city of Albany aforesaid, and have dedicated the same to the service and worship of Almighty God, situate, lying and being on the high street commonly called Yonkers street, nigh the bridge in the city of Albany, containing in length on the south side thereof seven rod, three foot four inches, on the north side seven rod three foot one inch, Ryland measure, and
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in breadth on the east and west ends, sixty-one foot and five inches, wood measure. And are now not only quietly and peaceably seized and possessed of their said church, but are likewise seized of sundry other demesnes to and for their sole and only proper use and behoof of their said church and congregation, that is to say, one certain messuage or tenement and lot of ground in the aforesaid city of Albany commonly called the Dutch minister's house, situate, lying and being in the Brew- er's street, on the east side thereof, in the third ward of the said city, being in front from the southward to the northward five rod ten inches, and behind toward Hudson's river, six rod fifteen inches, Ryland measure, and in length from the said street to the city stockadoes, bounded on the south side by Jan Solomans, and on the north side by that of the late Hans Hendrycks and the widow of David Schuyler. Also one other certain mes- suage or tenement and lot of ground, situate, lying and being in the city aforesaid commonly called poor house or alms house, in the first ward of the said city, bound- ed on the south by the high street that leads to the burying place to the north of Rutten kill, and to the east of Harman Rutgers, and to the west by the lot of Garryt Bancker, containing in breadth towards the street that leads to the Lutheran church by the said Rutten kill, six rod one foot and the like breadth in the rear, and in length on the east side, eight rod and two inches, all Ryland measure. Also that certain parcel of land commonly called and known by the name of the pasture, situate, lying and being to the southward of the city of Albany, near the place where the old fort stood, extending along Hudson's river, till it comes over against the most northerly point of the island com- monly called Marten Gerrytsen's island, having to the east Hudson's river, to the south the manor of Rensse- laerswyck, to the west the highway that leads to the city
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aforesaid, the pastures now or late in the tenure and oc- cupation of Martin Gerrytsen, and the pasture now or late in the tenure and occupation of Casper Jacobs, to the north the several pastures late in the tenure and occupation of Robert Saunders, Myndert Harmans and Evert Wendell, and the several gardens late in the occupation of Dirck Wessells, Killian Van Rensselaer and Abraham Staats, together with the old highway from Beaver kill to the end of Schermerhorn's pasture, adjoining to the same on the west side thereof. Also that certain parcel of pasture land situate, lying, and being to the southward of the said city, and to the westward of the before mentioned pasture, near and about the limits of the said city on the manor of Rensselaerswyck, containing in breadth along the wagon way, six and twenty rod, and in length towards the woods eight and twenty rod, and in breadth towards the woods twenty-five rod. And also all that cer- tain garden lot of ground, situate, lying and being in the great pasture, containing in the breadth six rod and five foot, and in length eight rod and two foot, and stretch- ing backwards with another small lot of three rod and two foot in length, and in breadth one rod and two foot Ryland measure; praying that they may by charter or patent under the great seal of the province of New York, be incorporated and made one body politic in fact and name, and that they and their successors forever hereafter, may not only be enabled to use, exercise and enjoy their aforesaid privileges, and the free use and exercise of their said religion and worship in manner aforesaid, by the name and style of the ministers, elders and deacons of the Reformed Protestant Dutch Church, in the city of Albany, with such other liberties and. privileges as have been formerly granted to other Re- formed Protestant Dutch churches within the province of New York, with variations, additions and commis- sions, as long usage and experience has taught them to
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be most agreeable to their well being and circumstances, but also the grant and confirmation of all those their said inheritances and demesnes, to hold to them, the said minister, elders and deacons of the Reformed Protest- ant Dutch Church in the city of Albany and to their successors and assigns for ever. We being willing to encourage and promote the said pious intentions and the free use and exercise of their said reformed pro- testant religion, to the same congregation and their successors for ever, in the said city of Albany, know ye, that of our especial grace, certain knowledge, and meer motion, we have given, granted, ratified, and confirmed and do by these presents for us, our heirs and successors for ever, give, grant, ratify, and confirm unto all the inhabitants of Albany, so as aforesaid descended of Dutch ancestors, and professing the said reformed protestant religion, and to their successors for ever, the free use and exercise of their worship, doctrine, discipline and church government, according to the canons, rules, institutions and directions of the Reformed Protestant Dutch Church in Holland, insti- tuted and approved by the National Synod of Dort, and that no person nor persons whatsoever in communion of the said Reformed Protestant Dutch Church in Albany aforesaid, or at any time or times hereafter, shall be molested, disquieted, or disturbed in the free use and ex- ercise of their said religion and worship, they behaving themselves peaceably, and not abusing this liberty to licentiousness, profaneness, and the civil injury or out- ward disturbance of the National Church of England, as by law established, or other reformed protestant churches in the aforesaid city of Albany. And to the end the same liberties and privileges be hereafter for ever supported, maintained, and continued to them and their successors for ever, we of our especial grace, certain knowledge and meer motion, do likewise will
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and grant for us, our heirs and successors for ever, unto the same Petrus Van Driessen, the present minis- ter of the same congregation at Albany, Johannes Roseboom, Henryck Van Rensselaer, and William Jacobse Van Deusen, the present elders of the same church, and unto Rutgert Bleecker, Volkert Van Veghten, Myndert Roseboom, and Dirk Tienbroock, the present deacons of the same church, and the inhabit- ants of Albany communicants of the said church, that they be as they are hereby created and made one body corporate and politick in fact and name, by the name of the minister, elders and deacons of the Reformed Protestant Dutch Church in the city of Albany, and that they and their successors for ever, shall and may by that name have perpetual succession, and be able and capable in the law to sue and be sued, plead and be im- pleaded, answer and be answered unto, defend and be defended, in all and singular suit, quarrels, controver- sies, differences, strifes, matters and things whatsoever, and in all courts whatsoever, either in law or equity, of what kind soever, as also by the same name, to have, hold, take, receive, be seized of, possess and enjoy to them and their successors for ever their said church, parsonage or minister's dwelling-house, alms-house, and other their demesnes or inheritances, by fee simple, before mentioned, and such other demesnes or inherit- ances to purchase and acquire to them and their succes- sors and assigns forever, and by the same name, the same lands, hereditaments and appurtenances, or any part of them (excepting only the same church); to alienate, bargain, sell, grant, demise, sell and to farm let to any other person, or persons, body corporate and politic, whatsoever at their will and pleasure, in fee simple for life, or lives, or for term of years, as to them shall seem most convenient and profitable, as any other person or persons, body corporate or politic, may or can do, not
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exceeding the yearly value of three hundred pounds over and above what they now stand seized and pos- sessed, or for the common use and benefit of the same Dutch Church and of all the members of the same con- gregation. And we do further will and grant that the minister, elders and deacons of the same church, for the time being, for ever hereafter, be the consistory of the same church, and shall and may have, keep and use a common seal to serve for all grants, matters and things whatsoever belonging to the same corporation, with such device or contrivance thereon as they or their successors for ever shall think fit to appoint, with full power to break, new make and alter the same at their will and discretion; and the same consistory shall have and enjoy the like powers and privileges as a Dutch con- sistory in the Reformed Protestant Dutch Church in Hol- land do, or may or ought to use and enjoy. And we do will and grant that the same Petrus Van Driessen be the first minister of the said church at the time of this our grant, and the same Johannes Cuyler, Johannes Rose- boom, Henryck Van Rensselaer and William Jacobse Van Deusen, be the first elders of the said church at the time of this our grant; and that the same Rutgert Bleecker, Volkert Van Veghten, Myndert Roseboom, and Dirk Tienbroock, be the first deacons of the said church at the time of this our grant, to all intents and purposes; and that the said ministers, together with the said four elders and four deacons, or the minister, el- ders and deacons for the time being, and the major num- bers of them whereof the minister for the time being always to be one-be the consistory of the said church, and have and shall have full power and authority, at all time and times for ever hereafter, to act in all their church affairs and business, by majority of voices, in as full and ample manner as if the minister and all the said four elders and four deacons were person-
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ally present and did actually and severally give their votes. But in case of the death, absence or re- moval of their said minister, then, and in any of these cases, the elders and deacons of the same church, for the time being, or the major number of them, whereof the first elder in nomination we will always to be one, and shall preside, shall have, use and exercise all the power and authorities of a consistory to all intents and purposes, and shall manage and order the church affairs in as full and ample manner as if their said minister were alive, present and consenting there- unto, any thing in these presents to the contrary there- of in any wise notwithstanding. And we will and grant that the same elders and deacons continue in their respective offices until the next anniversary election. And the said elders and their successors, for ever hereafter, have and shall have the full power and authority of receiving and paying the moneys given for the maintenance of the minister or ministry of the same church, whether the same arise by legacy, donation or voluntary contributions or collection from the inhabit- ants or members of the same congregation, and are to keep exact and true accounts to the consistory, when thereunto by them required. And that the said deacons and their successors for ever hereafter, have and shall have the sole power and authority of receiving and paying all the moneys collected and offered at the ad- ministration of the Holy Sacrament of our Lord's Sup- per, and in church in the times of divine service of preaching, for the maintainance of the poor, and are to keep and render exact and true accounts thereof to the consistory aforesaid, when thereunto by them required, which election of the same elders and deacons of the same church is to be at Albany on every second Saturday of December, annually, forever, by majority of voices, of the consistory, in the manner following: That is to say,
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on each second Saturday of December, annually for ever at Albany, shall be chosen two new elders and two new deacons, who, together with the two elders and two deacons last in nomination in this our charter, shall serve for the year ensuing in their respective offices, and for ever thereafter, the two new ones shall be chosen and added to the younger two elders and dea- cons of the preceding year, so always as to preserve the number of four elders and four deacons of the said church. And moreover we do will and grant unto the said minister, elders and deacons of the Reformed Protestant Dutch Church in the city of Albany, and to their successors for ever, that on the second Saturday of December next, and on every second Saturday of December annually forever here- after at Albany, shall be elected and chosen four dis- creet persons by the majority of voices of the consistory aforesaid, to be kirkmasters of the said church, whose office and charge is and shall be to build and re- pair the same church and cemetery, parsonage, alms- house, and all other the hereditaments and appurten- ances to the said church belonging, and to have the or- dering and direction of the pews and seats in the said church, and the breaking of the ground in the cemetery for burying of the dead, and shall have and receive all the rents and revenues of the said church, coming there- from or from any other of the said church's inheritances ; also the payments of all sum and sums of money laid out and expended, or to be laid out and expended, in such necessary buildings and reparations of all which the said kirkmasters are likewise to keep and surrender exact and true accounts to the said consistory aforesaid, two of which four kirkmasters last nominated, at the next election shall continue in the same office for two years and two new ones yearly for ever hereafter, to be elected and chosen to serve with the two predecessors in
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like manner as with the elders and deacons aforesaid and not otherwise. And it is our will and desire that the two elders, two deacons and two kirkmasters, who shall be superseded by a new annual election of two others to succeed in their respective places, shall account and deliver up their several respective charges and moneys to their successors respectively, if any thereof be in their hands and possession, respectively in public man- ner. And we do likewise will and grant that the said kirkmasters shall be under the direction of the said con- sistory for the time being. And in case there shall not be enough in the hands either of the elders, deacons or kirkmasters, for the performing and finishing of any of their respective charges and trust of their particular respective funds before mentioned, which they be here- by respectively empowered to receive and manage, that then it shall and may be lawful to and for the consis- tory aforesaid, to order and direct the lending of what sum shall be necessary out of any of the aforesaid funds towards deficiency of any other of the said funds, so that there be no failure of any of the same three several charges or trusts upon any unforeseen contingency or emergency. And we do likewise will and grant that in all elections of officers or other acts or orders of the consistory the minister or president of the con- sistory shall have but one vote. And if it shall happen there be an equal division of the voices or votes, so that the matter or thing in dispute can not receive the determination of a majority of voices, that then it shall and may be lawful to determine the same by lot, leav- ing it to the sole wisdom of God to determine the same as he shall think fit. And we do likewise will and grant that it shall be in the power of the minister of the said church, for the time being, by himself or in case of his death, absence or removal, in the president or first elder who shall preside for the time being, or in
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the power of the major number of the whole consistory for the time being, to call a meeting of the consistory for the good and service of the said church, and the affairs of the said corporation, whensoever they shall see meet within the said city of Albany; and in case it shall please God that any of the said elders, deacons and kirkmasters, for the time being, shall happen to die, re- move, or otherwise be disabled from serving and offi- ciating in their respective offices, within the year for which they are so chosen or appointed to serve; we do will and grant that it shall and may be lawful to the consistory, for the time being, to assemble and meet to- gether at Albany, at any other time of the year than the time of anniversary election, and so often as there shall be occasion to elect and choose other elders, dea- cons and kirkmasters in their respective rooms and stead, to officiate for the remaining part of the year un- til the next anniversary election ; which person or per- sons so chosen as aforesaid into any of the aforesaid offices of elders, deacons or kirkmasters, shall have like power and authority to act in their respective offices as if they had been elected and confirmed at the aforesaid time of the anniversary election aforesaid, or as if the same persons so dying, being absent or otherwise disabled, were alive, present and capable to do the same; and we do will and grant unto the said minister, elders and deacons of the Reformed Protestant Dutch Church in the city of Albany, and to their successors for ever, the advowson and patronage of the said church; (that is to say) that after the decease of the aforesaid Petrus Van Driessen, or next and all other avoidances thereof, that it shall and may be lawful to and for the elders and deacons of the aforesaid church or the consistory of the aforesaid church and their successors for ever, to present and call another minister to succeed in the cure of souls in the aforesaid church and congregation of
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the Reformed Protestant Dutch Church in the city of Albany, provided always such minister, so called or pre- sented by them to the said living, be always a person amenable to the laws of Great Britain and this Pro- vince, and pay due obedience and allegiance unto us and our royal heirs and successors, the kings and queens of Great Britain. And that it shall and may be lawful to and for the present minister or incumbent of the said church and his succesors, or any of them to have, take, receive and keep for his end and their own use and support, that maintenance that now is or shall be agreed upon between him or them and the said con- sistory from time to time, and at all times hereafter. And it shall and may be lawful to and for the said elders of the same church, and their successors for ever, to collect and receive the voluntary subscriptions of the inhabitants of Albany, belonging to the said congre- gation, for and towards the payment of their said minis- ter, or their minister for the time being, and to pay and cause to be paid unto the said minister and his succes- sor, the minister of the said church, for the time being, his yearly stipend or salary, according to agreement, by quarterly even payments thereof, or otherwise, as it shall be agreed upon by and between them, the said minister of the said church and the aforesaid consistory. And we do will and grant that the said deacons of the said church, and their successors for ever shall and may lawfully and peaceably, from time to time, and at all times hereafter, at the meeting of the said congregation for the public service and worship of Almighty God, to collect and receive the free and voluntary alms and ob- lations of the members of the said congregation, and the free and voluntary offerings made by the communi- cants at their receiving of the holy sacrament of the Lord's Supper for the uses aforesaid, and to dispose thereof for the pious and charitable uses aforesaid.
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And we do will and grant that the kirkmasters afore- said, and their successors for ever, shall and may from time to time, and at all times hereafter, and so often as it shall be necessary, shall and may demise, grant, and to farm let, of the demesnes of the said church, demisable and grantable to and for the profit and advantage of the said church, and receive and collect the rents and revenues arising therefrom, or otherwise, and apply the same for and towards the buildings and reparations of the said church and parsonage, and other the heredita- ments belonging to the said minister, elders and deacons of the Reformed Protestant Dutch Church in the city of Albany, and such other uses as are proper and necessary, provided always that the said elders, deacons and kirk- masters in their separate offices, be always accountable to and under the direction of the consistory of the said church, for the time being and not otherwise. And we do further will and grant that it shall and may be in the power of the consistory of the said church, and their successors for ever, if they shall agree thereupon, and find themselves able and capable of mantaining him at any time or times hereafter, to nomi- nate and call one or more able and sufficient minister, lawfully ordained according to the constitution afore- said, in all things to assist and officiate in the ministry which doth belong to the sacred office and function of a minister of the gospel in the said church, provided always that there be no pre-eminency or superiority in that office, and not otherwise. And we do likewise will and grant to the said minister, elders, and deacons of the Reformed Protestant Dutch Church in the city of Albany, and their successors for ever, that it shall and may be lawfull to and for the consistory of the said church, to nominate and appoint a clerk or precentor, schoolmaster, sexton, bellringer, and such and so many other offices and servants of the same church, as they
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