USA > New York > New York City > A history of the parish of Trinity Church in the city of New York, pt 1 > Part 41
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And that the said Earl, for promoting the interest of the said Church, and settling a lasting foundation for its support, did by virtue of the authority derived from us, under our great seal of England, grant the same farm under the seal of our province of New-York, to the Rector and inhabitants of the city of New-York, in communion of the Church
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History of Trinity Church
of England, as by law established, and their successors for ever, under the yearly rent of three shillings.
But that the corporation of the said Church, are now prosecuted in our Court of Chancery, there in our name, for the several rents reserved on the leases before granted, and by the several governors before re- mitted, and that our letters patent for the said farm, are rendered dis- putable, and therefore humbly imploring, that we will be graciously pleased to give such directions for stopping the said prosecution as we shall think fit.
We taking the premises into our royal consideration have thought fit to signify our will and pleasure unto you, and accordingly our will and pleasure is, that immediately upon receipt hereof, you do stop the prosecution now carrying on in our court of chancery there against the said corporation, and do not suffer any further proceedings to be had in that suit, until we shall signify our further pleasure to you, and for so doing, this shall be your warrant, and so we bid you farewell.
Given at our Court of St. James, the 14th day of April, 1714, in the thirteenth year of our reign. By her Majesty's Command.
BOLINGBROKE.
V.
SECTION 36 OF THE STATE CONSTITUTION OF 1777.
Section 36. And be it further ordained, That all grants of land within this State, made by the King of Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but that noth- ing in this Constitution contained shall be construed to affect any grants of land within this State, made by the authority of the said King or his predecessors, or to annul any charters to bodies politic, by him, or them, or any of them, made prior to that day.
VI. ACT OF 1784.1
An act for making such Alterations in the Charter of the Corporation of Trinity Church, as to render it more conformable to the Constitution of the State.
Passed 17th April, 1784.
WHEREAS by letters patent under the great seal of the then colony, and now State of New-York, bearing date the sixth day of May, in the 1 Taken from vol. i. of Jones's and Varick's edition, p. 12S.
477
Act of 1784
year of our Lord one thousand six hundred and ninety-seven, many of the inhabitants of the city of New-York, members of the Church of England, were erected into a corporation, by the name and style of the Rector and Inhabitants of the City of New-York, of the Protestant Church of England, as by Law established.
And whercas, on the twenty-seventh day of June, in the year of our Lord one thousand seven hundred and four, the Legislature of the then colony, and now State aforesaid, did pass a law, entitled, “An Act for granting sundry Privileges and Powers to the Rector and in- habitants of the City of New-York, in Communion of the Church of England, as by law established."
And whercas those parts of the said charter which render necessary the induction of a rector to the said church by the governor, according to such instructions as he shall from time to time receive from his Britannic majesty, and such other parts of the said charter and law as admit and acknowledge that rights exist in the bishop of London, in and over the said church, are inconsistent with the spirit and letter of the constitution of this state.
And whereas certain other parts of the said charter and law, and of a certain other law passed the twenty-second day of September, in the year of our Lord one thousand six hundred and ninety-three, by the Legislature of the then colony aforesaid, entitled, " An Act for settling a Ministry, and raising a Maintainance for them in the City of New- York, and County of Richmond, Westchester, and Queen's County," are contradictory to that equality of religious rights which is designed to be established by the constitution of this state :
I. Be it therefore enacted by the people of the state of New- York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that so much of the charter to the said body corporate above particularly mentioned, and so much of the said law first above particularly mentioned, as relate to the induction of the rector by the governor, to the powers or authority of the bishop of London, in and over the said corporation, and to the collecting and levying a sum of money upon the city of New-York, for the use of the rector or incum- bent in the said law mentioned, be, and they are hereby repealed and annulled ; and that nothing in this law, nor no non-user, or mis-uses, between the nineteenth day of April, one thousand seven hundred and seventy-five, and the passing of this law, shall be in any wise construed to annul, injure, repeal, or make void the said charter, or the said law · first above particularly mentioned, where the same are not incon- sistent with the constitution of this state.
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History of Trinity Church
II. And be it further enacted, and it is hereby enacted by the authority aforesaid, that the church-wardens and vestry-men of the said corpora- tion, or a majority of them, be vested with full powers to call and in- duct a rector to the said church, so often as there shall be any vacancy therein.
And whereas doubts have arisen on those parts of the said charter and law first above mentioned, which speak of inhabitants in commun- ion of the said church of England ; for removal whereof ;
III. Be it further enacted by the authority aforesaid, that all per- sons professing themselves members of the Episcopal Church, who shall either hold, occupy, or enjoy a pew or seat in the said church, and shall regularly pay to the support of the said church, and such others as shall in the said church partake of the holy sacrament of the Lord's Supper, at least once in every year, being inhabitants of the city and county of New-York, shall be entitled to all the rights, privi- leges, benefits and emoluments, which in and by the said charter and law first above mentioned, are designed to be secured to the inhabi- tants of the city of New-York in communion of the Church of England.
And whereas by the events of war, and in consequence of the cap- ture of the city of New-York by the troops of his Britannic majesty, many of the well-affected inhabitants of the said city, who by the said charter and law were entitled to vote for members of the said corpora- tion, were prevented from the due exercise of their rights, and many others who remained in this city, were deterred from voting by well- grounded apprehensions of the forces of his Britannic majesty, then in possession of the said city ; by reason whereof no elections were held, but under the influence of the government of Great Britain, then at open war with this state ;
And whereas the council appointed by the act of the Legislature, entitled, " An act to provide for the temporary government of the southern parts of this state, whenever the enemy shall abandon or shall be dispossessed of the same, and until the Legislature can be con- vened," passed the twenty-third of October, one thousand seven hun- dred and seventy-nine, upon the petition of sundry persons, styling themselves members of the said church ; and after a full hearing of certain other persons, claiming to be the church-wardens and vestry- men of the said church, reciting that there was, in the opinion of the council, reason to believe that the dissensions respecting the said church might materially endanger the peace of the said city, did, in effect, determine the said places of church-wardens and vestrymen to be vacant ; and by their ordinance, dated the twelfth day of January,
-
479
Act of 1784
one thousand seven hundred and eighty-four, did vest the estate, real and personal, of the said corporation, in James Duane, Francis Lewis, Lewis Morris, Isaac Sears, William Duer, Daniel Dunscomb, Anthony Lispenard, John Rutherford, and William Bedlow, to be retained and kept by them, or any five of them, until such time as further legal pro- vision should be made in the premises ;
And whereas it appears, that the following persons have been nomi- nated and chosen, by a very respectable number of the members of the said corporation and society, as church-wardens and vestrymen, and by their humble petition have prayed that the said persons may be appointed as such.
IV. Be it therefore further enacted, and it is hereby enacted by the authority aforesaid, that James Duane and Robert R. Livingston be the present church-wardens of the said corporation ; and that Anthony Griffiths, Hercules Mulligan, Marinus Willet, John Stevens, Robert Troup, Thomas Tucker, Joshua Sands, Richard Morris, Francis Lewis, Lewis Morris, Isaac Sears, Daniel Dunscomb, William Bedlow, William Duer, John Rutherford, Anthony Lispenard, Thomas Grennell, William Mercier, Thomas Tillotson, and Christopher Miller, be the vestrymen of the said corporation ; the said church-wardens and vestrymen to hold their places until the first usual day of election for church-war- dens and vestrymen, which shall be held after Easter Sunday, which will be in the year of our Lord one thousand seven hundred and eighty- five ; and that in the mean time in case of any vacancy by death or resignation of the rector, or either of the church-wardens or vestrymen, such vacancy to be filled up by the remaining church-wardens and vestrymen, in such manner as is prescribed in and by the charter and law constituting the said corporation as aforesaid.
V. Provided nevertheless, and be it further enacted, by the authority aforesaid, that nothing in this act contained, shall be construed, deemed, or taken to prejudice or injure the right or title of any person or persons whatsoever, to any of the lands or tenements occupied or claimed by the corporation aforesaid.
And in order fully to carry into full effect those parts of the con- stitution of this state, which declare that the free exercise and enjoy- ment of religious profession and worship, without discrimination or preference, shall for ever hereafter be allowed within this state to all mankind, and that all acts of the Legislature of this state whi'e a colony, and all parts thereof which may be construed to establish or maintain ' any particular denomination of christians, or their ministers, be abro- gated and rejected as repugnant to the said constitution.
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History of Trinity Church
And in order to remove all doubts which may arise in the minds of any persons with respect to the continuance, force, and effect of a certain act of the Legislature of this state while a colony, passed on the twenty-second day of September, one thousand six hundred and ninety- three, entitled, " An Act for settling a Ministry, and raising a Mainte- nance for them in the City of New York, County of Richmond, West- chester, and Queen's County " ; and also of one other act, passed on the twenty-seventh day of June, one thousand seven hundred and four, entitled, " An Act for granting sundry Privileges and Powers to the Rector and inliabitants of the City of New York, of the Communion of the Church of England, as by Law established " ; and also of another act, passed on the fourth day of August, one thousand seven hundred and five, entitled, " An Act for the better explaining and more effec- tually putting in Execution an Act of General Assembly, entitled, An Act for settling a Ministry, and raising a Maintenance for them in the City of New York, County of Richmond, Westchester, and Queen's County " ; and also of one other act, passed on the twenty-seventh day of July, one thousand seven hundred and twenty-one, entitled, " An Act for the more equal and impartial assessing the Minister and Poor's Tax, to be raised within the City and County of New-York, Queen's County, Westchester County, and the County of Richmond "; and also of one other act, passed the twenty-first day of September, one thousand seven hundred and forty-four, entitled, " An Act to alter the Time of electing Vestrymen and Church-wardens in Richmond County " ; and also certain parts of one other act, passed the twenty- ninth day of November, one thousand seven hundred and forty-five, entitled, " An Act to enable the Inhabitants of the City of New-York, to choose annually two Vestrymen for each respective Ward within the said City," which do grant certain Immunities, Emoluments, and Privileges to the Episcopal Church, or that mode of Religious Wor- ship, commonly called the Church of England, in the City and County of New-York, and the Counties of Richmond, Queen's and Westchester, and do establish and maintain the Ministers of that Denomination within the said Counties ; and do also declare or imply a pre-eminence or distinction of the said Episcopal Church, or Church of England, over all other churches and other religious denominations.
VI. Be it therefore further enacted by the authority aforesaid, that the said acts for settling the ministry, and raising a maintenance for them in the city of New York, counties of Richmond, Westchester, and Queen's county ; for granting sundry privileges and powers to the rector and inhabitants of the city of New York, of the communion of the Church
481
Institution of Mr. Vesey
of England, as by law established ; for the better explaining and more effectually putting in execution an act of the General Assembly, en- titled, An Act for the settling the Ministry and raising a Maintenance for them in the city of New-York, County of Richmond, Westchester, and Queen's County ; for the more equal and impartial assessing the Minister and Poor's Tax, to be raised in the City and County of New- York, Queen's County, Westchester County, and the county of Rich- mond ; for altering the Time of electing Vestrymen and Church-wardens in Richmond County ; and also such certain parts of the act for en- abling the inhabitants of the city of New-York to choose annually two vestrymen for each respective ward within the said city, as do imply such pre-eminence and distinction, be, and are hereby declared to be fully and absolutely abrogated, abolished, annulled, repealed, and made void, as inconsistent with, and repugnant to the constitution of this state : And it is hereby further declared, that nothing in this act con- tained shall in any wise be construed or understood to give any kind of pre-eminence or distinction to the Episcopal mode of religious wor- ship within this state ; but that an universal equality between every religious denomination, according to the true spirit of the constitution, towards each other, shall for ever prevail.
VII. And be it further enacted by the authority aforesaid, that noth- ing in this act contained, shall be deemed, esteemed, adjudged, or con- strued, to enlarge or confirm any right, power, or authority, but such as the said corporation legally had, held, and enjoyed on the nineteenth day of April, one thousand seven hundred and seventy-five, and such other powers, rights and authorities as are expressly given by this act.
VII.
DOCUMENTS CONNECTED WITH THE INSTITUTION OF THE REVEREND WILLIAM VESEY.
These following papers were recorded at the request of 'Mr. William Vesey, Rector of Trinity Church in New Yorke :
TENORE p"sentium Nos HENRICUS permissione Divina LONDI- NENSIS EPISCOPUS notum facimus Universis, quod die secundo Men- sis augusti Anno Dom. Millesimo Sexcentessimo nonagesimo' in Capella nostra intra pallatium nostrum de Fulham Middlesexiæ, nos p~fatus HENRICUS LONDINENSIS EPISCOPUS antedictus sacros ordines Dei omnipotentis p sidio celebrantes : Dilectum Nobis in Christo Gulielmum Vesey A. M .: ex Universate Oxoñ de vita sua Laudabili ac
' Evidently the transcriber has omitted the word " septimo."
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History of Trinity Church
morum & virtum suarum donis Nobis multipliciter Comendatum ac in Bonarum Liturarum studio & Scientia Eruditum & per nos & alios quo ad omnia in ea parte requisita examinatum & approbatum, in sacrum Diaconatus ordinem juxta morem & ritum Eclesia Angli- canæ in hac parte salubriter editos & provisos admisimus & promovi- mus Ipsumque in Diaconum Rite & Canonice tunc & ibidem ordinavimus. IN CUJUS REI TESTIMONIUM Sigillum Nostrum Episco- ple presentibus apponi fecimus. Datis die & anno p~dictus Nostra- que translationis anno vicesimo Secundo. H. LONDON.
Tenore presentium Nos HENRICUS permissione Divina LONDI- NENSIS EPISCOPUS notum facimus Universis, quod die Secundo mensis augusti anno Dom .- Millesimo Sexcentessimo nonagesimno septimo in Capella nostra intra palatium nostrum de Fulham Middlesexiæ, nos p~fatus HENRICUS LONDINENSIS EPISCOPUS antedictos sacros ordines dei omnipotentis p~sidio Celebrantes dilectum nobis in Christo Gulielmum Vesey A. M. ex universitate oxoñ de vita Sua Laudabili ac morum et virtutum Suarum donis Nobis multipliciter Comendatur ac in bonarum literarum Studio & scientia eruditum & per nos & alios quo ad omnia in ea parte requisita examinatum & approbatum in Sacrum Presbytera- tus Ordinem juxta morem & ritum Ecclesia Anglicana in hac parte Salubriter editos & provisos admisimus & promovimus Ipsumque in presbyterum rite & canonice tunc & ibidem ordinavimus. IN CUJUS REI TESTIMONIUM Sigillum nostrum Episcopale p^sentibus apponi fecimus. Datis die & anno p~dictis nostreque Translationis anno vicesimo secundo. H. LONDON.
HENRY, by divine permission LORD BISHOP OF LONDON To all to whom these presents Shall or may Consern, health in our Lord God Everlasting. WHEREAS, by an Act of parliament made in the first year of our Sovereign Lord & Lady King WILLIAM and Queen MARY, Entituled, an Act for the abrogateing of the oaths of Supremacy & Alle- giance and appointing other oaths : it is provided & Enacted that Every person, at his or their respective admission to be incumbent in any Ecclesiasticall promotion or dignity in the Church of England shall subscribe & declare before his ordinary in Manner & form as in the sd. act is conteined Now KNOW YEE that on the day of the date hereof did personally appear before us, Mr. William Vesey to be ad- mitted to the Ministeriall function in ye City of New Yorke & subscribed as followeth as by the said act is required. I William Vesey do declare that i will Conform to the Liturgy of the Church of England as it is Now by law Established. In WITNESS whereof we have caused our
1
1
Tilenden
HEN R I C U S Permiffione Divina Londinenfis Epifcopus, Dilecto nobis in Christo Sufiolmo Volby florico ~~ 1 ~ Salutem & Gratiam : Ad peragendum Officium giochi in Cuitoria do to new york in partiQue accidentalibul -11 21 ~ ~ in Precibus Communi- bus aliifque Minifteriis Ecclefiafticis ad Officium Parochi ~~ pertinentibus juxta Formam defcriptam in Libro Publicarum Precum Authoritate Parliamenti hujus Inclyti Regni Anglie, in ca parte edit' & provis', & Canones & Conftituti- ones in ea parte legitime ftabilitas & publicatas, & non aliter neque alio modo: Tibi de cujus fidelitate, morum integritate, Literarum fcientia, fana Doctrina & Diligentia plurimum confidimus (præftito primitus per te Juramento tam de ag- nofcendo Regiam Supremam Majeftatem, juxta vim, formam, & effectum Statu- ti Parliamenti dicti Regni Anglic in ea parte edit' & provis' quam de Canonica Obedientia Nobis & Succefforibus noftris in omnibus licitis & honeftis per te præftanda & exhibenda, fubfcriptifque,per te tribus illis Articulis mentionatis in Tricefimo fexto Capitulo Libri Conftitutionum five Canonum Ecclefiafticorum Anno Dom. 1604. Regia Authoritate editorum & promulgatorum ) Licentiam & Facultatem noftram concedimus & impartimur per præfentes: ad noftrum Be- neplacitum duntaxat duraturas: In cujus Rei Teftimonium Sigillum noftrum, ( quo in fimilibus plerunque utimur) præfentibus apponi fecimus. Dat. rotundo dio daquili 1 697.
MR. VESEY'S LICENSE BY THE BISHOP OF LONDON.
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Institution of Mr. Vesey
Seale Manual to be affixed to these presents Dated the second day of August in the year of our Lord one thousand six hundred ninety- seaven, & in the 22cond year of our Translation.
HENRICUS permissione Divina Londinensis Episcopus Dilecto Nobis in Christo Gulielmo Vesey Clerico Salutam & Gratiam : ad pera- gendum Officium parochi in Ecclesia de New Yorke in partibus occi- dentalibus in presibus Communibus aliisque Ministeriis Ecclesiasticis ad officium parochi pertinentibus juxta formam descriptam in Libro publi- carum precum authoritate parliamenti hujus Inclyti Regni Angliæ in ea parte edit & provis. & Canones & Constitutiones in ea parte Legitime Stabilitas & publicatas et non aliter neque alio modo tibi de cujus fi- delitate, morum Integritate, Literarum Scientia, Sana Doctrina & dili- gentia plurimum Confidimus (prestito primitus per te Juramento tam de agnosendo regiam Supremam Majestatem Juxta vim, formam et Effectum Statuti parliamenti dicti regni Angliæ in Ea parte Edit. & provis. quam de Canonica obedientia Nobis et Successoribus nostris in omnibus licitis & honestis per te prestanda & exhibenda Subscriptis- que per te Tribus illis Articulis mentionatis in Tricessimo Sexto Capit- ulo Libri Constitutionum sive Canonum Ecclesiasticorum anno Domini 1604 regia Authoritate Editorum & promulgatorum) Licentiam & facultatem Nostram Consedimus & Impartimus per presentes ad nos- trum beneplacitum Duntaxit Duraturias. IN CUJUS REI TESTIMONIUM Sigillum nostrum quo in similibus plerumque utimur presentibus apponi fecimus. Dat. secundo die Augusti.1
BY HIS EXCELLY. Coll. Benjamin Fletcher, Capt. Genll. & Govr. in Cheif of the Province of New Yorke, &c.
THESE are to Certifie unto all to whom these presents shall come or may consern that on Sunday the 13th March Instant at the first opening of Trinity Church in New Yorke, after ye reading the Morn- ing & Evening Service Mr. William Vesey did declare before his Con- gregation his unfeigned assent and consent to all & everything contained & prescribed in, & by the book Entituled the book of Comon prayer & administration of the Sacraments & other rites & Ceremonies of the Church according to the use of the Church of England, together with the Salter or psalmes of David pointed as they are to be Sung or Said in Churches in the form & manner of makeing Consecrateing & ordayning & Consecrateing of bishops, priestes & Deacons & in the Time of divine service did read a Certificate from the Rt. Reverend father in God, HENRY LORD BISHOP OF LONDON that he had subscribed the ac-
1 The original of this document belongs to the New York Historical Society, who courteously gave permission for the reproduction of it, here inserted.
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History of Trinity Church
knowledgment & Declaration according to the act of Uniformity. IN TESTIMONY whereof I have hereunto sett my hand seale at New Yorke the 25th of March, Annoque Domini, 1698. BEN : FFLETCHER. 1
VIII. CLERICAL INCOMES, IN 1738.2 PROVINCES OF NEW YORK AND NEW JERSEY, ANNO DOMINI 1738. New York.
Missionary's Income from their Congregations for the Year 1738.
The Reverend Mr.
Charlton, the
Society's cate- Income by Subscription. . chist for the city of New York ...
48 s. d. to £ s. d.3 5
Mr. Standerd ....
West Chester
Settled salary.
52 50 31 5
Mr. Colgan
Jamaica, Long Island. . .
Salary settled by a fund of the Province.
60 36 7 3
1 17
Mr. Jenney
Hempstead, Long Island. Salary settled by law of
A glebe of 172 acres of up- land and 25 of meadow 60 land.
the Province.
36 7 3
Mr. Stoupe
Perquisites by estimation. New Rochel.
17
IO 6
8
Mr. Whitmore. . .
Perquisites by estimation. Rye.
Settled salary.
50
30 6 3
7
Mr. Barclay.
Albany .
37
22 8
5
Perquisites by estimation. 2 16
1 15
IO
Mr. Browne.
Brookhaven.
1 6 2
9 15 I
Perquisites by estimation. 2
I
4
8
1 The above is a copy of the documents as recorded in the old Liber 2 of the Archives of the Surrogate's office, New York, folios 100 to 104. The documents are also on record in the Record of Wills, Libri I and 2, folios 370 and 371. It has been thought best, however, to follow the original records in the Archives. This has been done textually, without any attempt to correct the evident mistakes of the copyist of the original documents.
2 The Centennial History of the Protestant Episcopal Church in the Diocese of New York, '85-'86.
$ This is most likely a misprint for 650. On p. 34 of the S. P. G. Abstract for 1738-39 Mr. Charlton's salary is given as £ 50.
قدجرى داً علاءونا تصيب بيد جانون - *-* - *..
Paper and Equal Ster- Currency. ling monies.
182 IO
Perquisites by estimation ..
Perquisites by estimation. 3
3 2 6
Perquisites by estimation.
5
485
Fort-Chaplains
New Jersey 1738.
Paper and
Equal Ster- ling monies.
£ s. d. to £ s. d.
Mr. Vaughan
Elizabeth Town.
IO IO 6
10
Mr. Skinner.
Perquisites by estimation. Amboy.
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