USA > New York > New York City > A history of the parish of Trinity Church in the city of New York, pt 1 > Part 40
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History of Trinity Church
and every year unto us, our heirs and successors on the feast day of the annunciation of our blessed Virgin Mary at our City of New Yorke the yearly rent of one Pepper Corne, if the same be lawfully demanded in lieu and stead of all other rents, dues, dutyes and demands whatso- ever for the premises.
And lastly, We do for us, our heirs and successors, ordain and grant unto the said Rector and inhabitants, &c., and their successors by these presents, that these our grants shall be firme, good effectuall and available in all things in the law to all intents, constructions and purposes whatsoever according to our true intent and meaning herein before declared, and shall be construed, reputed and adjudged in all cases most favorable, and on the behalfe and for the best benefite and behoofe of the said Rector and inhabitants, &c., and their successors, altho expresse mention of the true and yearly value, uncertainty of the premises, or any of them in these presents are not named, or any statute, act, ordinance, provision, proclamation, or restriction heretofore had, made enacted, ordained, provided, proclaimed or [and] restrained, or any other matter, clause, or thing whatsoever, to the contrary hereof in any wayes notwithstanding. And we further declare it to be our Royall Will and pleasure that nothing herein contained nor any clause or article here [herein] above mentioned shall be constructed or taken to abridge or take away any right privilege, benefite, liberty or Lycence that we have heretofore granted unto any church in communion of our Protestant faith within our said Province of New Yorke, anything contained herein to the contrary hereof in any wayes notwithstanding. In testimony whereof, wee have caused the Great seale of our said Province to be hereunto affixed. Witnesse our trusty and well beloved Benjamin Ffletcher, our Captaine Generall and Governour in Chiefe of our Province of New Yorke, and the territoryes and tracts of land depending thereon in America and Vice-Admirall of the same our Lieutennant and Commander in Chiefe of the Militia and of all the forces by sea and land within our Collony of Connecticutt and of all the fforts and places of strength within the same in Council at our ffort in New Yorke the Sixth day of May, in the ninth year of our Reigne Annoq. Domi. 1697.
BEN. FFLETCHER.
By his Excellenceyes command, DAVID JAMISON, D. Sec'ry.
STATE OF NEW YORK, SECRETARY'S OFFICE.
I have compared the preceding with a certain Instrument in writ-
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Act of 1704
ing recorded in this office in Book of Patent's No. 7, page 82, &c., and do certify that the same is a correct transcrip therefrom, and of the whole of said instrument.
ARCH'D CAMPBELL, Dep. Sec. of State.
Albany, June 20, 1845.
II. ACT OF 1704.1 CHAPTER CXLI.
An Act for granting sundry privileges and Powers to the Rector and Inhabitants of the City of New York, of the Communion of the Church of England, as by Law established. Passed the 27th of June, 1704.3
Whereas, the Inhabitants of the city of New-York, of the Com- munion of the Church of England, as by Law established, for some years past, by voluntary contribution of themselves and others, favor- ing the Church's Interest, have erected a Church within the said City, for the service and worship of Almighty God, called, and known by the name of Trinity Church ; and have purchased and procured, and do quietly and peaceably hold, use, exercise, and enjoy the said Church, with the Cemetry or Burying-place, and a certain Tract of land belong- ing thereunto, bounded easterly upon the street commonly called Broad- way, containing in Breadth, on the West side of the said street, three hundred and ten foot, or thereabouts, from the north-east corner of the ground commonly called the Queen's Garden, to the land of John Hutchins, esq. ; thence by a straight line along the north side of the said Burying-Place, continued to Low Water Mark of Hudson's River ; thence by a line Southward along the said River three hundred ninety and five foot, all English measure ; and from thence by the line of the ·said Garden easterly, to the place where it begun ; together with sundry Powers, Rights, Privileges, and Preheminences, necessary for the manageing of the affairs of the said Church ; which by the Blessing of God has been attended with great success ; and the congregation thereof being much increased, calls for suitable Encouragement ; To the end therefore, that such religious work may be founded upon some
1 From Van Schaack's edition, p. 60.
2 Repealed by Sec. 6 of act of 17th April 1784 : see Appendix vi, p. 476.
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lasting foundation, grow up and become fruitful, to the praise and glory of God, the good example of others, and the benefit of their posterity and successors.
I. BE IT ENACTED by his Excellency Edward Viscount Cornbury, Captain General and Governor-in-Chief of the Colony of New-York, by and with the consent of her Majesty's Council, and this General Assembly, and by authority of the same, That from henceforward forever hereafter, the Rector and Inhabitants of the said City of New- York, in Commun- ion of the Church of England, as by law established and their succes- sors, be, and shall be able and capable in the law, for the maintainance and recovery of their estates, rights, and privileges whatsoever, to sue, and be sued, plead and be impleaded, to answer and be answered unto, defend and be defended by the same name of the Rector and Inhabi- tants of the City of New-York, in Communion of the Church of England as by Law established, in all suits, Quarrels, Controversies, Causes, Ac- tions, Matters and Things whatsoever, in any Court or Courts of Com- mon Law or Equity whatsoever ; and that by the same Name they and their Successors do and shall lawfully have, hold, use exercise, and en- joy all and singular their said Church Burying Place, and Land thereto belonging, with the Hereditaments and Appurtenances, heretofore by them and their predecessors by whatsoever Name or Names the same were purchased and had, or to them given or granted, and by them or any of them used and enjoyed for the Uses aforesaid, to them and their Successors, to the sole and only proper Use and Benefit of the said Rector and Inhabitants, and their Successors forever, in as firm and ample Manner, in the Law, as if the said Rector and Inhabitants had been legally incorporated, and made capable in the Law to take, receive, purchase, have, hold, use, and enjoy the same, at, and before the pur- chasing, taking, receiving, and holding of the said Cemetry, and Lands thereunto belonging, and lawfully had, held, and enjoyed the same ; any Law, Usage, or Custom to the contrary thereof, in anywise notwith- standing.
II. AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said Rector and Inhabitants and their Successors by the same Name from henceforward, forever, have, and shall have full Power, good Right, and lawful Authority, to have, take, receive, acquire and pur- chase, and use, and enjoy Lands, Tenements, and Hereditaments, Goods and Chattels ; and to demise, lease and improve the said lands tenements and hereditaments, and to use and improve such goods and Chattels, to the benefit of the said Church, and other pious uses, not exceeding Five Hundred Pounds yearly Rent, or Income ; any Law,
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Act of 1704 469
Usage, or Custom to the Contrary hereof in any Wise notwithstanding. And it shall and may be lawful for the said Rector and Inhabitants, and their Successors to finish and adorn the said Church, alter enlarge, and amend the same or any part ; as also to erect and build a convenient dwelling House, Garden, and Appurtenances, for the Use of their Rec- tor for the Time being, a Vestry Room, Charnel House, and other necessaries of the said Church ; and to enclose, support, and maintain the same from Time to Time, as there shall be need thereof.
III. AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said Church and Premises, be from henceforward forever set apart and separated for the Religious Uses aforesaid ; and that the Patron- age and Advowson of the said Church, and Right of Presentation (after the Death of the Present Rector, or upon next Avoidance, and forever thereafter) shall belong and appertain to the Church-Wardens, and Vestrymen of the said Church, annually elected or to be elected, by the Inhabitants aforesaid, in Communion as aforesaid, in Manner hereafter mentioned, and expressed, or to the major part of said Church-Ward- ens and Vestry-men for the Time being, whereof one Church-Warden always to be one ; which Rectors shall be instituted and inducted into the said Church, in such manner, and always as shall be most suitable and agreeable to her Majesty's instructions to his Excellency the Gov- ernor of this Colony for the Time being, and that Canonical Right and Authority, which the Right Reverend Father in God, Henry Lord Bishop of London and his Successors, hath, and shall have over the said Church.
IV. AND BE IT FURTHER ENACTED by the Authority aforesaid, That the succeeding Rector or Incumbent of the said Church, next after the Death or other Avoidance of Mr. William Vesey, present Rector and his Successors forever, be, and shall be instituted, authorized, and em- powered, to have, and receive, and shall have, and receive the sum of One Hundred Pounds yearly, raised and levied upon the Inhabitants of the said City, for the maintenance of a good sufficient Protestant Minis- ter in the City aforesaid, by virtue of an act of General Assembly, of this Colony, made and enacted in the fifth year of the Reign of King William and Queen Mary, entitled, An act for settling a Ministry, and raising a Maintenance for them in the City of New York, County of Rich- mond, West-Chester and Queen's County ; any Law, Custom, or Usage, to the contrary thereof in any wise notwithstanding.
V. AND BE IT FURTHER ENACTED by the Authority aforesaid, That it shall and may be lawful for the said Rector and Inhabitants, in Com- munion as aforesaid, and their Successors, forever hereafter, to have,
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History of Trinity Church
and use a common Seal ; and the same to alter, break, and new make at their discretion.
VI. AND BE IT FURTHER ENACTED by the Authority aforesaid, That it shall and may be lawful for the Inhabitants aforesaid, to assemble and meet together on Tuesday in Easter Week, annually at the said Church, to chuse two Church-Wardens, and Twenty Vestry-men, Com- municants of the said Church, to serve and officiate for the next ensu- ing year ; by the Majority of the voice of the said Communicants, so met and not otherwise ; which said Church-Wardens so chosen, and hereafter to be chosen annually, have, and shall have like Power, and Authority to do, execute and perform their said Offices, respectively as Church-Wardens and Vestry-men in England have, unless some partic- ular difference may happen, by the express power and direction of this present Act of General Assembly. And it shall, and may be lawful for the said Church Wardens, or one of them at any Time or Times, and so often as shall be needful, to call a meeting of the Vestry-men of said Church, to meet the Rector for the Time being, if any there be, and Church Wardens or one of them ; which said Rector and Church War- dens or one of them, and Majority of the Vestry-men, for the time be- ing, have, and shall have Power to make such Rules and Orders, for managing the affairs of said the Church as they or the said Rector and one Church Warden, with the Major number of the Vestry-men, so, from Time to Time met and assembled, shall agree upon ; which said major- ity of Vestry-men together with the Rector and one Church Warden at least, shall have the sole Disposition and ordering of all payment of the Church's Monies ; all which Rules, Orders and payments shall be fairly entered and kept in books for that purpose ; Provided, nevertheless, in case of the Death of the said Rector, and before the said Church be supplied with another, that the same Powers and Authorities relating to the making of Rules and Orders, as also the Disposition and payment of the Church's Money, be fully invested in the Church Wardens for the time being, by and with the Advice and Consent of the Major num- ber of the whole Vestry-men, and not otherwise, to be entered and kept in manner aforesaid ; anything herein contained to the contrary thereof notwithstanding. And it shall and may be lawful for the said Church Wardens and Vestry-men, or Major Part of them, whereof, one Church Warden always to be one, without their Rector, to establish and regu- late all Fees and Perquisites of their Rector, Clerk, Sexton, and other officers of said Church, provided none of the Fees or perquisites shall exceed the Fees or Perquisites usually taken in England by such Officers respectively, with regard to the Difference of the Value of Money in
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Act of 1704
this Colony ; as also for the said Church Wardens and Vestry-men or major part of them, with their said Rector to regulate and order the Per- quisites of the Church growing and coming by the breaking of the ground in the Cemetry or Church Yard, and in the Church for burying the Dead, provided the Perquisites for breaking the ground in the Cemetry or Church Yard shall not exceed the Perquisites reserved and mentioned in the Grant thereof made by the Mayor, Alderman, and Commonalty of the City of New- York, for the use of Trinity Church aforesaid ; And in Case the Church Wardens or Vestrymen or any of them happen to die within the year it shall be lawful for the Inhabitants aforesaid, in Communion as aforesaid at any Time, upon such Emer- gency to meet at the said Church upon Notice given by the Rector, to elect and chuse others so qualified as aforesaid in their Room ; who shall have full Power and Authority to do, execute and perform the Offices of such as they shall be so chosen to succeed, respectively, until the Time of next annual Election. And upon the Alteration of any Church Wardens, by Death or otherwise the preceding Church Warden or Wardens of the said Church, shall deliver over to their Successors, in that Office all Deeds, Charters, Evidences, Books, Matters, and things whatsoever, belonging to the said Church, in their Custody by Indentures containing an Inventory of them, interchangeably under their Hands, which Indentures shall be exhibited and shewn to the Vestry-men at first Meeting, next after such annual Election, or other alteration happening.
VII. AND BE IT FURTHER ENACTED by the Authority aforesaid, That it shall and may be lawful for the Rector for the Time being of the said Church upon avoidance of such Officers, to nominate and ap- point a Clerk, Sexton, or Sextons for the said Church ; and that the Clerk, Sexten, or Sextons of the said Church be, and continue in their respective Offices during their natural lives, unless they voluntarily surrender, become incapable of serving by sickness or other infirmity, or misbehave themselves, in which case it shall be in the Power of the Rector of the said Church for the Time being, with Advice and Con- sent of the Church Wardens, or one of them, and Vestry-men, or major part of them to displace or remove such Officer and Officers so misbe- having themselves, and not otherwise.
VIII. AND LASTLY, BE IT ENACTED by the authority aforesaid, That this present Act, and the several Powers, Privileges and Liberties therein and thereby granted to the Rector and Inhabitants aforesaid, in `Communion as aforesaid, and their Successors forever be, and shall be construed and understood most favorably for the Benefit of said
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History of Trinity Church
Church, according to the true Intent and Meaning of his Excellency the Governor, and Council and Assembly aforesaid.
IX. PROVIDED, NEVERTHELESS, That this present Act of General Assembly, nor anything therein contained, shall be construed or under- stood to extend to abridge or take away the Indulgency or Liberty of Con- science, granted or allowed to other Protestant Christians, by an Act of Par- liament, made in the first year of the reign of the late King William and Queen Mary of blessed memory, entitled An Act for exempting their Majestie's Protestant subjects dissenting from the Church of England, from the penalty of certain Laws or by any other Law or Statute of the Realm of England or this plantation ; anything in this present Act contained or misconstrued to the contrary thereof in any ways notwithstanding.
III. QUEEN ANNE'S GRANT.
Anne, by the grace of God, of England, Scotland, France and Ire- land, Queen, Defender of the faith, &c., To all to whom these presents shall come, or may concern, send greeting :
Whereas, the Rector and Inhabitants of the City of New-York, in communion of the Church of England as by law established, were (by an act of Assembly made in the third year of our reigne, entitled An act granting sundry privileges and powers to the Rector and In- habitants of the City of New-York, of the communion of the Church of England as by the law established,) incorporated by the name of the Rector and Inhabitants of the City of New-York in communion of the Church of England as by law established, and made persons cor- porate in the law to sue or to be sued in any action or matter whatso- ever ; and by that name they and their successors should hold and en- joy the Church there called Trinity Church, burying-place and lands thereunto belonging, by whatever name or names the same were pur- chased and had ; and that the said Rector and Inhabitants, and their successors by the same name from thenceforward should have good rights and lawful authority to have, take, receive, acquire, and purchase and use and enjoy lands, tenements and hereditaments, goods and chattels, and to demise, lease and improve the said lands, tenements and hereditaments, and to use and improve such goods and chattels to the benefit of the said Church and other pious uses, not exceeding five hundred pounds yearly rents or incomes, with diverse other privileges
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Queen Anne's Grant
and powers to them the said Rector and Inhabitants, and their success- ors, as by the said recited act more at length it doth and may appear.
And whereas the said Rector and Inhabitants of the said City of New- York, in communion of the Church of England as by law established by their petition to our right trusty and well beloved cousin, Edward Vis- count Cornbury, our Captain General and Governor in Chiefe in and over our province of New-York and territories thereon depending in Amer- ica, and Vice Admiral of the same, have humbly prayed that wee would grant and confirm unto them and their successors for the use of the said Church, all those our severall closes, peeces and parcells of land, meadows and pastures formerly called the Duke's Farme, and the King's Farme, now known by the name of the Queen's Farme, with all and singular ye fences, inclosures, improvements and appurtenances whatsoever thereunto belonging as the same are now in the occupation of and enjoyed by George Ryerse of the City of New-York, yeoman, or by any former tenant, scituate, lying and being on the Island Manhat- tans in the city of New-York aforesaid, and bounded on the East, partly by the Broadway, partly by the Common, and partly by the Swamp, and on the West by Hudson's River, and also all that our piece or parcell of ground, scituate and being on the south side of the church- yard of Trinity Church aforesaid, commonly called and known by the name of the Queen's Garden, fronting to the said Broadway on the East, and extending to low water marke upon Hudson River on the West, all which said premises are now lett at the yearly rent of thirty pounds, which reasonable request wee being willing to grant ; know ye that of our especiall grace, certaine knowledge, and meer motion, we have given, granted, ratified and confirmed in and by these presents, for ourself, our heirs, and successors, we do give, grant, rattify and confirm unto the said Rector and Inhabitants of the City of New-York in communion of the Church of England as by law established and their successors all and singular the said farme lands, tenements and hereditaments hereinbefore mentioned, as the same are hereinbefore particularly set forth, with the appurtenances and every part and par- cell thereof or thereunto belonging or accepted, reputed, or taken as part parcell or member thereof as the same now are held, occupied and enjoyed by the said George Ryerse, or have been heretofore occupied and enjoyed by any former tenant or tenants, and all rents, arrearages of rents, issues and profits thereof, and of every or any part of parcell thereof together with all woods, underwoods, trees, timber which now are standing and growing, or which hereafter shall stand and grow in and upon the premises hereby granted, or any part thereof, and all
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feedings, pastures, meadows, marshes, swamps, ponds, pooles, waters, watercourses, rivers, rivolets, runs and streams of water brooks, fishing, fowling, hawking, hunting, mines and minerals, and all and singular the ways, passages, easements, profits, commodities and appurtenances whatsoever to the said farm, several closes, peeces and parcells of land and premises belonging or in any wise of right appertaining (except and always reserved out of this, our present grant all gold and silver mines.)
To have and to hold the said farme, severall closes, pieces and par- cells of land and premises hereinbefore granted and confirmed or meant, mentioned, or intended to be hereby granted and confirmed with their and every of their appurtenances (except before excepted) unto the said Rector and Inhabitants of the City of New-York in communion with the Church of England as by law established, and their successors forever. To be holden of us, our heirs and successors in free and common so- cage as of our Manor of East Greenwich in our County of Kent, within our kingdom of England, yielding, rendering, and paying therefore yearly and every year unto us, our heirs and successors at our City of New-York aforesaid to our Collector and Receiver General there for the time being, on the feast of the Nativity of our blessed Saviour the yearly rent of three shillings current money of New-York in lieu and stead of all other rents, services, dues, duties and demands whatsoever, Provided always, and our present grant is upon this condition that if our Capt. Generall and Govr. in Chief for the time being of our said Province of New-York, shall at any time hereafter cease or forbear the yearly pay- ment of six and twenty pounds for the house rent of the Rector or Min- ister of Trinity Church of New-York aforesaid, which is now paid out of our revenue in the said province, and at such time, no suitable house shall be erected and built for the proper use and convenient dwelling of the Rector of the said Church for the time being, yt then the said Rector and Inhabitants of the said City of New-York, in Communion of the Church of England as by law established, and their successors shall from thenceforth yearly, and every year, out of the rents and profits of the hereinbefore granted lands and premises, pay and dis- charge the same for and until such suitable house shall be erected and built for the proper use and convenient dwelling of the Rector of the said Church for the time being, any thing herein before in this our grant conteined to the contrary thereof in any wise notwithstanding. In testimony whereof we have caused these our letters to be made pat- tents, and the seal of our said province of New-York to our said letters pattent to be affixed and the same to be recorded in the Secretary's Office
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Confirmation of Queen Anne's Grant
of our Province. Witness our Right trusty and well beloved cousin Edward Viscount Cornbury, Capt. Generall and Govr. in Chief in and over our province aforesaid and territory depending thereon in Amer- ica and Vice Admirall of the same &c. in Council at our fort in New- York aforesaid the three and twentieth day of November, in the fourth year of our reigne anno Dm. 1705.
STATE OF NEW-YORK, SECRETARY'S OFFICE.
I certify the preceding to be a true copy of certain letters patent as of record in this office, in Book of Patents No. 7, page 338, &c.
In testimony whereof I have hereunto affixed the seal of this
L. s. Office, at the City of Albany, the 9th day of November, in the year of our Lord one thousand eight hundred and thirty.
ARCH'D CAMPBELL, Deputy Secretary.
IV.
CONFIRMATION OF QUEEN ANNE'S GRANT.
ANNE R.
Trusty and well beloved, we greet you well
Whereas, our trusty and well beloved, the Rector, Church Wardens, and Vestrymen of Trinity Church in our City of New-York, have by their humble address, represented unto us, that our right trusty and our right well beloved cousin and councillor Edward, Earl of Clarendon, our late governor of our province of New-York, did grant a lease of our farm to them for seven years, under the rent of sixty bushels of wheat yearly payable unto us, (the like having been before granted to Colonel Benjamin Fletcher, Governor under our late royal brother, King William, with the like reservation,) but as these rents were es- teemed a perquisite of the several governors, for the time being, the said Colonel Fletcher, who was a great benefactor and promoter of the first settling of that Church, did remit the rent during his time for that pious use, as also did the Earl of Clarendon, so much as accrued under the lease granted in his time.
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