USA > New York > New York City > A history of the parish of Trinity Church in the city of New York, pt 2 > Part 26
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Trinity Church was not a party to this proceeding. Among the documents laid before the Court, however, were several which have an important bearing on the claims of the "heirs," and the opinions ren- dered by the judges are clear expositions of the rule that long acquies- cence in a state of affairs furnishes a strong moral as well as legal evidence against a disturbance of that state. It should be presumed, said Andrews, Chief Justice in the Court of Appeals, "that administration had been had of the estate of Anneke Jans, and the estate settled in the course of time, or, in the alternative, that the rights and interests of all the parties interested were satisfactorily adjusted between themselves."
This presumption applies very directly to the disposition of the "farm " on New York Island, which was but a portion of Mrs. Bogardus's estate. It was charged with the sum of one thousand guilders in favor of the four Jans children. Did they get the money out of the sale ? Cornelius did not join in the deed to Lovelace, and he and his mother were both interested in the surplus, if there was any. Were they set- tled with, or were they defrauded by the Bogardus heirs who conducted the sale and joined in the deed ? An acquiescence in the sale for more than seventy years appears before any of the heirs made their complaint in 1738. That they then thought they had some rights may be chari- tably assumed to be due to ignorance of the disposition that had been made of the " farm " in early days, but the more fully the facts have been brought to light the more clearly has it been made to appear that if in the sale of the farm any wrong was perpetrated upon any of the devisees under Mrs. Bogardus's will, the wrong was perpetrated by mem- bers of the family, not by Trinity Church, which was not incorporated
1 18 Hun. Rep., 73 ; 83 N. Y. Rep., 348.
1.
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till twenty-seven years later. During that long period there was entire acquiescence in the ownership of the farm by the British Crown, and when the grant of the farm was made to Trinity Church by Queen Anne in 1705, not only had any possible rights of the heirs lapsed by long acquiescence, but no assertion of such rights had ever been made. The title of Trinity Church accordingly is not only perfect in law, but absolutely free from any taint of injustice in its origin.
Many other suits might be mentioned besides those specially referred to. All later ones have been brought in aid of schemes fraudulently set on foot to obtain contributions from the so-called heirs. From time to time fresh organizations are formed under the pretence that facts newly discovered make success certain in a threatened attack. Many are deluded into furnishing money to aid the promoters in these swin- dling operations. But no suit on behalf of the Anneke Jans claimants has gone to trial since the Bogardus case was decided in 1847 ; and to the long-continucd possession which was held in that case to be a com- plete answer to the claim of any "heir " may now be added the con- tinued and undisturbed possession of over fifty years since that decision.
The judges before whom these cases have come have, whenever an appeal has been taken, concurred with great unanimity in the judgments reviewed, so far as any merits of the claims were discussed. In the Bogardus case, the Chancellor's decision in favor of the sufficiency in form of the defence set up by the Church was affirmed in the Court for the Correction of Errors, nineteen senators and judges taking part in the decision, and four only dissented, on technical grounds. From the decision of Vice-Chancellor Sandford, the only case in late years dis- posed of on evidence, no appeal was taken. In the Humbert case, the decision of the Vice-Chancellor was affirmed by the Chancellor, then unanimously by the Court for the Correction of Errors, seventeen senators and judges taking part. In the Bridgford case the decision of the Surrogate of Albany was affirmed by the three judges of the Gen- eral Term of the Supreme Court, then by the seven judges of the Court of Appeals. Had there been the slightest color of right in the claims of the heirs, some of the many judges who since the first formal trial in 1760 down to the present time have been officially called upon to examine these claims would naturally have expressed some regret at being obliged to decide adversely to them. No such expression of any equity on their part is anywhere to be found.
Consecration of Dr. Provoost
31I
X.
DOCUMENTS RELATING TO THE CONSECRATION OF DR. PROVOOST AS FIRST BISHOP OF NEW YORK.
(i.) Act empowering the Archbishops of Canterbury and York to consecrate to the office of a Bishop persons being subjects or citizens of countries out of his Majesty's dominions.
(ii.) His Majesty's License.
(iii.) Act of Consecration.
(iv.) Certificate of Consecration of the Bishop of New York.1
LAMBETH PALACE LIBRARY
ARCHBISHOP MOORE'S REGISTER
fo. 63.
Anno vicesimo sexto
Georgii III. Regis Cap. lxxxiv.
An Act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the Office of a Bishop Persons being subjects or Citizens of Countries out of his Majesty's Dominions.
America, Pensylvania, and New York.
Whereas by the Laws of this Realm no Person can be consecrated to the Office of a Bishop without the King's Licence for his Election to that Office and the Royal Mandate under the Great Seal for his Confirmation and Consecration. And whereas every Person who shall be consecrated to the said Office is required to take the Oaths of Allegiance and Supremacy And also the Oath of due Obedience to the Archbishop And whereas there are divers persons Subjects or Citizens of Countries out of his Majesty's Dominions and inhabiting and re- siding within the said Countries who profess the publick worship of Almighty God according to the Principles of the Church of England and who in order to provide a regular Succession of Ministers for the Service of their Church are desirous of having certain of the Subjects
1 See p. 113.
----
...
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History of Trinity Church
or Citizens of those Countries consecrated Bishops according to the fform of Consecration in the Church of England Be it enacted by the King's Most excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That from and after the passing of this Act, it shall and may be lawful to and for the Archbishop of Canterbury, or the Archbishop of York for the time being together with such other Bishops as they shall call to their assist- ance to consecrate persons being subjects or Citizens of Countries out of his Majesty's Dominions, Bishops for the purposes aforesaid without the King's Licence for their Election, or the Royal Mandate under the Great Seal for their Confirmation and Consecration and without requir- ing them to take the Oaths of Allegiance and Supremacy and the Oath of due Obedience to the Archbishop for the time being.
II. Provided always that no persons shall be consecrated Bishops in the manner herein provided until the Archbishop of Canterbury or the Archbishop of York for the time being shall have first applied for and obtained his Majesty's Licence by Warrant under his Royal Signet and Sign Manual, authorizing and empowering him to perform such Conse- cration and expressing the Name or Names of the Persons so to be Consecrated nor until the said Archbishop has been fully ascertained of their sufficiency in good Learning of the soundness of their ffaith and of the Purity of their Manners.
III. Provided also and be it hereby declared That no Person or Persons consecrated to the Office of a Bishop in the manner aforesaid nor any Person or Persons deriving their Consecration from or under any Bishop so consecrated nor any Person or Persons admitted to the Order of Deacon or Priest by any Bishop or Bishops so consecrated or by the Successor or Successors of any Bishop or Bishops so conse- crated shall be thereby enabled to exercise his or their respective Office or Offices within his Majesty's Dominions.
IV. Provided always and be it further enacted, That a Certificate of such Consecration shall be given under the Hand and Seal of the Archbishop who consecrates containing the Name of the Person so consecrated, with the Addition as well of the Country whereof he is a Subject or Citizen as of the Church in which he is appointed Bishop, and the further description of his not having taken the said Oaths, being exempted from the Obligation of so doing by virtue of this Act.
FINIS.
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Consecration of Dr. Provoost
George R.
George the third by the Grace of God King of Great Britain ffrance and Ireland Defender of the ffaith &c. Whereas the most Reverend ffather in God Our Right Trusty and Right entirely beloved Councillor John Archbishop of Canterbury Primate of all England and Metropoli- tan hath humbly represented unto us That by An Act of Parliament passed in the twenty sixth Year of Our Reign entitled "An Act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the Office of a Bishop Persons being subjects or Citizens of Countries out of Our Dominions "-It is enacted and provided That no Person shall be consecrated Bishop in the man- ner in the said Act Provided until the Archbishop of Canterbury or the Archbishop of York for the time being shall have first applied for and obtained Our Licence by Warrant under Our Royal Signet and Sign Manual authorizing and empowering him to perform such Conse- cration and expressing the Name or Names of the Persons to be con- secrated nor until the said Archbishop has been fully ascertained of their sufficiency in good Learning Of the soundness of their ffaith and of the Purity of their manners. And that the Revd William White D.D. Rector of Christ Church and St. Peters in the City of Philadelphia a Subject or Citizen of the United States of North America hath been elected to the Office of a Bishop by the Convention for the State of Pennsylvania one of the said United States And the Rev! Samuel Provost D.D. Rector of Trinity Church in the City of New York a Subject or Citizen also of the United States of North America hath been elected to the Office of a Bishop by the Convention for the State of New York one Other of the said United States, And Whereas the said John Archbishop of Canterbury hath further represented unto Us That he hath been fully ascertained of their sufficiency in good Learn- ing, the soundness of their ffaith and the Purity of their manners Therefore in pursuance of the said Act of Parliament he hath humbly besought Us to grant Our Royal Licence authorizing and empowering him the said John Archbishop of Canterbury to consecrate the said Wil- liam White and Samuel Provost to the Office of a Bishop respectively ac- cording to the Tenor of the said Act We taking the same into Our Royal Consideration are graciously pleased to consent thereunto And do by these Presents according to the Power reserved to Us by the said Act authorize and empower the said John Archbishop of Canterbury to consecrate the said William White and Samuel Provost to the Office of a Bishop respectively. Given at Our Court at St. James's the
His Majesty's License.
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History of Trinity Church
twenty fifth day of January 1787 in the twenty seventh Year of Our Reign.
By His Majesty's Command. SYDNEY.
Act on Consecration.1
On Sunday the fourth day of ffebruary in the Year of Our Lord one thousand seven hundred and eighty seven and in the fourth year of the Translation of the Most Reverend ffather in God John by Divine Providence Lord Archbishop of Canterbury Primate of All England and Metropolitan in the Chapel at the Palace of Lambeth in the County of Surry the said Most Reverend ffather by virtue and authority of a certain Licence or Warrant from his Most Gracious Majesty and Our Sovereign Lord George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith and so forth to him in this behalf directed, the Most Reverend ffather in God William by the same Providence Lord Archbishop of York Primate of England and Metropolitan and the Right Reverend ffathers in God Charles by Divine Permission Lord Bishop of Bath and Wells and John by Divine Permission Lord Bishop of Peterborough assisting him, Consecrated the Reverend William White Doctor in Divinity Rector of Christ Church and Saint Peters in the City of Philadelphia a Subject or Citizen of the United States of North America and the Reverend Samuel Provost Doctor in Divinity Rector of Trinity Church in the City of New York a Subject or Citizen also of the United States of North America to the Office of a Bishop respectively the Rites Circum- stances and Ceremonies anciently used in the Church of England being observed and applied according to the Tenor of an Act passed in the twenty sixth Year of the Reign of his said Majesty entitled " An Act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the Office of a Bishop Persons being Subjects or Citizens of Countries out of his Majesty's Dominions in the presence of me Robert Jenner Notary Publick one of the Deputy Regis- ters of the Province of Canterbury being then and there present the Reverend and Worshipful William Backhouse Doctor in Divinity Arch- deacon of Canterbury, the Reverend - - Lort Doctor in Divinity, the Reverend Drake Doctor in Divinity, William Dickes Esquire Notary Publick Secretary to his Grace the said Lord Archbishop of Canterbury with many others then and there in great numbers assembled.
Which I attest
RI JENNER N.P.
1 Sic.
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Consecration of Dr. Provoost
To all Persons to whom these Presents shall come, or whom the same shall or may in any wise, or at any time concern, We John by Divine Providence Lord Archbishop of Canterbury, Primate of All England and Metropolitan, Send Greeting. Whereas by an Act of Par- liament passed at Westminster in the twenty sixth Year of the Reign of Our Sovereign Lord George the third King of Great Britain ffrance and Ireland intitled "An Act to empower the Archbishop of Canter- bury or the Archbishop of York for the time being to consecrate to the Office of a Bishop Persons being Subjects or Citizens of Coun- tries out of his Majesty's Dominions"-It is enacted-"That it shall and may be lawful to and for the Archbishop of Canterbury or the Archbishop of York for the time being together with such other Bishops as they shall call to their Assistance to consecrate Persons being Sub- jects or Citizens of Countries out of his Majesty's Dominions Bishops for the purposes aforesaid, without the King's Licence for their Elec- tion or the Royal Mandate under the Great Seal for their Confirmation and Consecration and without requiring them to take the Oaths of Allegiance and Supremacy and the Oath of due Obedience to the Archbishop for the time being Provided always that no Persons shall be consecrated Bishops in the manner herein provided until the Arch- bishop of Canterbury or the Archbishop of York for the time being shall have first applied for and obtained his Majesty's Licence by War- rant under his Royal Signet and Sign Manual authorising and empow- ering him to perform such Consecration and expressing the Name or Names of the Persons so to be consecrated, nor until the said Arch- bishop has been fully ascertained of their sufficiency in good Learning, of the soundness of their ffaith and of the Purity of their Manners Provided also, and be it hereby declared that no Person or Persons consecrated to the Office of a Bishop in the manner aforesaid, nor any Person or Persons deriving their Consecration from or under any Bishop so consecrated, nor any Person or Persons admitted to the Order of Deacon or Priest by any Bishop or Bishops so consecrated or by the Successor or Successors of any Bishop or Bishops so consecrated, shall be thereby enabled to exercise his or their respective Office or Offices within his Majesty's Dominions Provided always, and be it further enacted, That a Certificate of such Consecration shall be given under the Hand and Seal of the Archbishop who consecrates contain- ing the Name of the Person so consecrated with the addition as well of the Country whereof he is a Subject or Citizen as of the Church in which he is appointed Bishop, and the further description of his not having taken the said Oaths, being exempted from the Obligation of so doing
Certificate of Consecration of Bishop of New York.
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History of Trinity Church
by virtue of this Act " -- Now know all Men by these Presents that We the said John Lord Archbishop of Canterbury having obtained his Majesty's Licence by Warrant under his Royal Signet and Sign Manual did in pursuance of the said Act of Parliament on Sunday the fourth day of ffebruary in the Year of Our Lord one thousand seven hundred and eighty seven in the Chapel of Our Palace at Lambeth in the County of Surry admit our beloved in Christ Samuel Provost Clerk Doctor in Divinity a Subject or Citizen of the State of New York in North America and Rector of Trinity Church in the City of New York in the said State of whose sufficiency in good Learning soundness in the ffaith and Purity of Manners We were fully ascertained into the Office of a Bishop of the Protestant [ Episcopal] Church in the State of New York aforesaid to which the said Samuel Provost hath been elected by the Convention for the said State as appears unto us by due Testimony thereof by him produced and him the said Samuel Provost did then and there rightly and canonically consecrate a Bishop according to the manner and form prescribed and used by the Church of England, his taking the Oaths of Allegiance Supremacy and Canonical Obedience only excepted, he being exempted from the Obligation of taking the said Oaths by virtue of the above recited Act. Provided that neither he the said Bishop nor any Person or Persons deriving their Consecration from or under him, nor any Person or Persons admitted to the Order of Deacon or Priest by him, or his Successor or Successors shall be enabled to exercise his or their respective Office or Offices within his Majesty's Dominions In Testimony whereof we have caused Our Archiepiscopal Seal to be affixed to these Presents Given at Lambeth House the day and year abovewritten and in the fourth Year of Our Translation.
I have collated this copy with the original in Archbishop Moore's Register at Lambeth Palace and find it to be correct.
S. W. KERSHAW, M.A. 13 July, 1899.
LAMBETH PALACE LIBRARY.
In the Fac-Similes of Church Documents : Papers Issued by the His- torical Club of the American Church, 1874-79, Privately Printed, there are the following reprints and fac-similes of some interesting documents and letters bearing on this subject of the consecration of the first Bishop of New York.
(34) "Plan for obtaining consecration signed by the members of the General Convention of 1785."
-
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Dr. Provoost's Books
(35) Letter of the English Bishops in answer to the address of the General Convention of 1785, dated London, February 24, 1776, and signed by the two Archbishops and seventeen Bishops.
(36 and 37) Letter of Dr. Provoost, dated New York, April 4, 1786, enclosing letter from Mr. Richard Henry Lee, which in turn enclosed copy of a letter from Mr. John Adams to his Excellency John Jay
In this letter Mr. Adams states the result of his conversation with the Archbishop of Canterbury on the proposal to consecrate three Bishops in England for the American Church.
(38) Letter from the Archbishop of England to the Committee of the General Convention.
(39) Black-Letter Act of Parliament, authorizing the consecration of Bishops for America.
(40) Letter from the Archbishop of Canterbury to the Committee of the General Convention enclosed the above act.
XI.
NOTES ON THE BOOKS FORMERLY IN THE POSSESSION OF BISHOP PROVOOST, BUT NOW BELONGING TO GENERAL JAMES GRANT WILSON.
(1) Containing Sermons on Regeneration in Baptism.
i. The Doctrine of Regeneration Asserted and Explained : A Sermon, preached in St. George's Chapel, New York, July 7, 1791. The Second Edition. By Benjamin Moore, D.D. New York : Printed by Hugh Gaine, in Hanover Square, 1792.
ii. The Character of Simon the Sorcerer.
A Sermon, designed to prove that Baptism is Not Regen- eration. By William Linn, D.D. One of the Ministers of the Reformed Dutch Church, in the City of New York. New York. Printed by Thomas Greenleaf. M,DCC,XC,III.
iii. An Address to the Members of the Protestant Episcopal Church in the City of New York; Occasioned by the Appendix to Dr. Linn's Sermon on the Character of Simon the Sorcerer. By Benjamin Moore, D.D. New- York : Printed by Hugh Gaine, at the Bible in Han- over Square, 1793.
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History of Trinity Church
In this controversy Dr. Moore ably vindicates the doctrine of the Church, maintaining that Regeneration is effected in Baptism, and in his appendix quotes the constitutions of the Reformed Dutch, Pres- byterian, and Methodist Churches in support of his argument that these bodies themselves officially connect Regeneration with Baptism.
In his reply Dr. Linn labors to prove that Regeneration is not a necessary consequence of the administration of Baptism.
In his rejoinder Dr. Moore meets Dr. Linn's arguments and quotes this time from Basil, Theodoret, Chrysostom, Justin Martyr, and other ancient doctors, showing that this doctrine of Regeneration by Baptism is no new doctrine. An impartial reader of this controversy will certainly rise from its perusal convinced that Dr. Moore has the best of the argument on every point.
This book has on the inside of the cover Bishop Provoost's book- plate.
(2) Volumes I and II of Alciphron, Or the Minute Philosopher. In Seven Dialogues. Containing an Apology for the Christian Religion, against those who are called Free Thinkers. London : Printed for J. Tonson in the Strand, 1732.
Both these volumes contain Bishop Provoost's book-plate, but, curi- ously enough, in both instances the mitre which is over the coat of arms is cut or torn off.
(3) The Gospel Sanctuary : Or God's Name Recorded in Places of Publick Worship. By P. Cardale. London, Printed for John Noon in Cheapside. 1740.
This volume contains the Bishop's book-plate and also his sig- nature at the end of the volume. This volume possesses the additional interest of having on the fly-leaf the autograph " Flo : " Smyth." Ac- cording to the note of General Wilson, Florence Smyth, of London, was a friend of Cardale, and a descendant of Captain John Smith, or Smyth, of historic fame as sometime Governor of Virginia and Ad- miral of New England.
(4) XXVIII. Sermons Preached at Golden Grove : Being for the Summer Half Year, Beginning on Whit Sunday, and ending on the XXV. Sunday after Trinity, Together with a Discourse on the Divine Institution, Necessity, Sacredness, and Separation of the Office Minis- teriall. By Jeremy Taylor, D.D. London, Printed by R. N. for Rich- ard Royston at the Angel, in Ivie-Lane. 1651.
This folio volume of 344 pp. with rubricated title contains the sig- nature "Sam' Provost", also the following note in the Bishop's handwrit- ing : "Doctor Jeremy Taylor was the son of a Barber at Cambridge.
319
Ordination of Benjamin Moore
He was educated at Caius College in that University, where he took his Master of Arts Degree. After entering into orders and preaching for a time in London, he was by the interest of Archbishop Laud, admitted Fellow of All Souls College, Oxford. In the civil war he attended as Chaplain in the King's Army and upon the decline of the Royal Cause he retired to Golden Grove, a seat of the Earl of Carbury's in Wales, under whose protection he preached the follow- ing sermons and published a great number of books. Upon the res- toration of Charles the Second, he was advanced to the Bishopric of Down and Connor in Ireland, Anno Dom, 1662. He died the 13th of August, 1667. He is characterized by his contemporary authors as a divine of great Wit, Judgment, Learning and Piety." This quaint and beautiful volume contains the following colophon : "The Printer to the Reader. The absence of the Author, and his inconvenient dis- tance from London, hath occasioned some lesser escapes in the im- pression of these Sermons, and the Discourse annexed. The Printer thinks it the best instance of pardon if his Escapes be not layd upon the Author, and he hopes they are no greater than an ordinary under- standing may amend, and a little charity may forgive."
(5) Remains Concerning Britain : Their Languages, Names, Sur- names &c. Written by William Camden Esquire, Clarenceux, King of Arms, Surnamed the Learned. The Seventh Impression, much amended, with many Antiquities never before Imprinted. London. Printed for and sold by Charles Harper at the Flower de Luce over against St. Dunstan's Church, and John Amery at the Peacock over against Fetter Lane, both in Fleet Street, 1764. Ben Jonson, it will be remembered, addressed some fine lines to Camden.
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