USA > New York > Ecclesiastical records, state of New York, Volume II > Part 33
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And if the said Justice or Justices, shall neglect to issue the said Warrant, he or they respectively shall forfeit Five Pounds current Money aforesaid; and if the said Constables, or any of them fail
OF THE STATE OF NEW YORK.
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1698
of their Duty herein, they shall respectively forfeit Five Pounds current Money aforesaid.
And the Church-Wardens so chosen, shall undertake the said Office and receive and keep a good account of the Monies or Goods levied by Virtue of this Act, and the same issue by order for the said Justices and Vestrymen of the respective Cities, Counties, Precincts, and Parishes aforesaid, for the Purposes and Interests aforesaid, and not otherwise: And the Church-Wardens shall, as often as thereunto required, yield and give a just and true account unto the Justices and Vestrymen, of all their receipts and dis- bursements ; And in case the said Church-Wardens, or any of them, shall neglect their duty therein, they shall respectively forfeit Five Pounds, current Money aforesaid, for every Refusal.
V. And be it further enacted, by the Authority aforesaid, That . the said Church-Wardens, in their respective precincts aforesaid, shall, by Warrant, as aforesaid, pay unto the respective Ministers, the Maintenance aforesaid, by four equal and quarterly payments, under the Penalty and Forfeitures, of Five Pounds, current Money aforesaid, for each Neglect, Refusal, or Default; the one half of all which Forfeitures, shall be disposed of to the Use of the Poor, in the respective Precincts, where the same doth arise, and the other half to him or them that shall prosecute the same.
VI. Always provided, and be it further enacted, by the Author- ity aforesaid, that all and every of the respective Ministers, that shall be settled in the respective Cities, Counties, and Precincts aforesaid, shall be called to officiate in their respective Precincts, by the respective Vestrymen, and Church-Wardens aforesaid .* And, Always Provided, That all the former Agreements, made with Ministers throughout this Province, shall continue and re- main in their full force and virtue; anything contained herein to the contrary hereof, in any wise notwithstanding."t
* It was here that the Gov. proposed that his amendment should be inserted: " And presented to the Governor to be approved and collated "; but which the Assembly rejected.
+ This last sentence nullified the application of the law to all the living ministers in the colony.
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ECCLESIASTICAL RECORDS
1765- 1769
BLACKSTONE'S VIEWS OF THE RELATION OF ENGLISH COLONIES TO THE LAWS OF ENGLAND; ESPECIALLY AS TO RELIGION.
The Plantations in America are in some respects subject to the laws of England. Colonies are held either by simple occupancy ; or by conquest, or cession. Page 105.
1. If by discovery and occupancy, then all the existing laws, (the birthright of every subject), are immediately therein in force. Yet this must be understood with restrictions. Those colonists carry with them only such laws as are applicable to their situation and the condition of an infant colony ; such as the general rules of inheritance and protection, etc. ; but the artificial refinements and distinctions incident to the property of a great and commercial people; the laws of police and revenue; the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, etc., are not necessary or convenient, and are, therefore, not in force.
Their own Provincial Assembly decides how much of these things shall be admitted, etc. Introduction, 4.
2. But in conquered or ceded countries, having laws of their own,- these remain until actually repealed.
Our American Plantations are principally of the latter - con- quered or ceded.
Hence the common law of England has no allowance or author- ity there; they being no part of the Mother Country, but distinct, though dependent dominions. They are not bound by Acts of Par- liament, unless they are specially named.
Also only so much as was conformable to their principles. They exhibited in a remarkable manner the ascendency of moral and religious principles, and were deeply imbued with notions of the right of men to live under governments of their own choice.
Nonconformity is a matter of private conscience. English laws have shown a just and Christian indulgence. Persecution cannot be justified. iv. 4, 52.
Nonconformists. Some are irreligious; others offend as a mat- ter of conscience; - dissenters.
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The penalties for non-conformity were suspended.
The Kingdom of England, over which our municipal laws have jurisdiction, includes not, by the common law, any other part of the King's dominion except England. Blackstone, 92.
Our colonies are properly of three sorts: Blackstone, 108.
1. Provincial Establishments. Their constitutions depend on the Commissions and Instructions (of the Governors.) Provin- cial Assemblies are constituted with power of making laws and not repugnant to the laws of England. (N. Y., N. J., Va., Car. & Ga.)
2. Proprietary Government granted by the Crown to individ- uals ; Feudatory Principalities, with all the subordinate regalities and subordinate powers of legislation which formerly belonged to the owners of counties palatine.
Must pursue the ends contemplated and do nothing contrary to the King.
3. Charter Governments, which were of the nature of Civil Cor- porations ; could make by-laws not contrary to the laws of England ; and with such rights as are given in their Charters. Governors appointed by the King. Courts : with appeals to the King; As- semblies, etc.
(Were they mere Civil Corporations, and not, rather, great po- litical establishments, possessing powers of government and rights of sovereignty ? While depending on England, did they not yet possess powers of legislation and taxation ?)
The territory of England is liable to two divisions: Civil and Ecclesiastical, etc.
1. The Ecclesiastical: Two great divisions - Canterbury and. York.
A province is the circuit of an Archbishop's jurisdiction. A province is divided into Dioceses or Sees of Suffragan Bishops. Canterbury has twenty such Dioceses, and York has three.
" Parishes," at first, meant the same as " Diocese " now. In- troduction, section 4.
A " Province " has an Archbishop.
1696- 1646
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ECCLESIASTICAL RECORDS
Dioceses have Suffragan Bishops.
Archdeaneries.
Rural Deaneries.
Parishes. Each Parish has one Vicar, Parson or Minister.
New York until 1685 was a Proprietary Government; after the accession of James II., it became a Provincial Establishment.
PETITION OF THE DUTCH AND OTHER FOREIGN CHURCHES OF ENGLAND TO THE HOUSE OF LORDS. 1696.
Abstract.
'They ask for an ordinance of Parliament giving them liberty in their religion and discipline as practised in their own National Churches, and as granted to them by Edward VI. in their Charter, and continued by favour of Elizabeth, James and Charles. They ask for liberty to choose and ordain their own ministers, etc .; that they may maintain their own discipline; and that all foreign churches must belong to their own National Synod in England.
Arguments are then given especially for the last item. Such Foreign Churches, if entirely independent, might be dangerous to the State; prejudicial to other Foreign Churches. This is sus- tained by elaborate argumentation.
Document 2700, in the Archives of Dutch Church of Austin Friars, London. Pages 1903-5.
The same day a Report was made by a Committee of the House of Lords, in which the first and second items were granted. Doc. 2701, page 1905.
The substance of this appears in a Statement made in 1646, herewith given :
Statement concerning the Privileges of the Foreign Churches in England, April 9 (N. S.) 1646.
" To the Forrein Churches hath bene granted The free exercise of the Reformed Religion, in their owne language, with their
SE
OF THE STATE OF NEW YORK.
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1642- 1693
Ecclesiasticall Discipline, and with such proper and peculiar rites and ceremonies as are practised in the Reformed Churches of their respective nations beyond the sea ; with a command to all officers, as well Ecclesiasticall as civill, to permitt them without molesta- tion in their exercises, although they differ from the rites and cere- monies used in the Church of England .- Free liberty and power to choose ordaine and appoint Ministers Elders and Deacons or other officers, and to increase the number of their Ministers, and other officers, and to substitute new in case of vacancies .- To have their Ecclesiasticall meetings in Consistorie, Coetus, Classis, Col- loque, or Synod; and to make orders and rules therein for the better government of themselves and their Churches. And to use their own manner of Administration, Formes of Prayer, Reading, Preaching, Sacraments, Fasting, Singing of Psalmes, Thanksgiv- ing, Catechizing, Solemnizing of Mariage, and other Ecclesiasticall exercises .- That none of the members of the Forrein Churches being under censure for any offence may be received as a member of any other Church without a Certificate from that Church whereof he was a member .- Die Sabbathi, 21 January, 1642.
Jo. Brown, Cler.
Doc. 2848 in Archives of London Dutch Church. Vol. iii., Part Second, pages 2011, 2012.
ACTS OF THE CLASSIS OF AMSTERDAM.
Letter from Rev. Selyns.
1693, Oct. 5th.
A letter was read from Rev. Selyns, from Kingstown, (New York) dated January 30th, 1693, containing a request to the Rev. Classis of Amsterdam, to call a pious and orthodox minister in the place of Laurence van den Bosch, who was deposed on account of his unedifying life, and who has run away. They want him to be sent over for the service of the Dutch Congregation at Kingstown, at a salary of one hundred and twelve pounds to be paid in cash.
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They send for that purpose a formal call, which completely in- cludes all its members, (a unanimous call). The Assembly re- solved to postpone this matter, until Levinus van Schaik, who is at present in London, and who will have to pay the expenses of the Classis and the call, shall have returned home again. viii. 190; xix. 249.
GOVERNOR FLETCHER TO THE COMMITTEE OF TRADE.
May it please your Lordships.
1693, Oct. 9.
Our Indians upbraid Our neighbouring Colonies with Sloath and Cowardice, the first nation of our Indians called Mohaques are mostly destroyed by the War, some of them run over to Canada, a French Jesuit (Milett) who has been many years a Prisoner amongst the Oneyds, hath gott such Interest with that Nation and the other three, they cannot be prevailed upon to surrender him though I have profferred a Sum of money and an Indian Boy in Exchange for him, and promised not to hurt his Person that Jesuits turning doth much harm to our Indians, I am resolved to remove him if possible.
I have gott them to settle a fund for a Ministry in the City of New York and three more Countys which could never be obtained before, being a mixt People and of different Perswasions in Religion .- Col. Docs. N. Y. iv. 55, 57.
[Does he imply by this, that the Assembly had established the English Church ?]
CLASSIS OF AMSTERDAM.
CORRESPONDENCE FROM AMERICA.
Rev. Rudolphus van Varick to a friend in Amsterdam.
October 13, 1693.
Dear Sir and Honored Brother :-
I have had no letter from you for a long time, and you will say the same of me. Who is at fault remains undetermined; adhuc sub judice lis est. I willingly acknowledge my usual careless- ness, but I cannot praise your prodigality in writing; Praestat prevenire, quam preveniri. However, I have been glad to hear
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OF THE STATE OF NEW YORK.
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from friends coming over of the good condition of your family. Blessed be God, we also, with our four children, are still well in body. If we came to your neighborhood for an hour, as you did to ours three several times, and never called on you, you would have reason to be displeased. We are still living in a disturbed congregation, but it is no longer so violent as formerly ; and al- though my hearers have not decreased - lately I had one hundred and fifty four communicants - still a great many desert the church and my salary is in arrears about three hundred pounds.
We have received an answer to our united letter to the Classis of the 12th of October 1692. I have no doubt, but that you re- ceived a copy of the same from our Rev. colleague, Selyns.
I wrote a second letter in April (see letter of April 9, 1693), which I sent by the brigantine of Mr. Phillipz, which vessel, we have heard, arrived safely in England. The following is an ex- tract from said letter. After writing therein about some matters in general, too long to be repeated here, I added the following about the late Revolution in America. (This passage is omitted here, as it is identical with the long account in the letter of April 9, 1693, beginning with " I was in prison about five months," and ending with " I cannot sufficiently praise the kindness of the Dutch and English authorities of this Province in trying to rescue me from my troubles.")
This is the most of what I wrote to the Rev. Classis, and to which I await the answer. I added something about the church on the South River, too long to be copied.
You have undoubtedly heard the news from Europe. It is com- mon report that our King has fought a successful battle against the French, as well as Prince William of Baden and the Savoyard on his side ; that the Emperor has given the Turks some hard blows. But all this requires confirmation and we must wait for another mail.
One Marietje Ulrichs, if I remember rightly, the wife of Jan Tymense, has been much scandalized by an ignorant Papist. She
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1694
requests, that you will please to give her a certificate as to her good behavior.
I have nothing more to add. I pray that the blessing of the All-High may descend upon you, your family, and your labors.
I remain, Sir,
Your humble servant and colleague in Christ,
Rudolphus van Varick.
Midwout,
the 13th of October 1693.
P. S. My wife and family send their hearty greetings to Madame, your dear wife.
Rev. Godfridus Dellius to the Classis of Amsterdam, November 1st 1693. Extracts, xxi. 348; Mints. Syn. N. Holland, 1694, Art. 8. There is another translation by Dr. T. De Witt.
Reverend Gentlemen :-
With great joy and satisfaction, we have read your obliging letter of April 20th of this year, (1693), conjointly to the brethren Selyns, Varick, and myself, in answer to ours of October 12, (1692). It was a great consolation to us, that we could pour out our complaints into the bosoms of your Reverences; but it is doubly pleasant, to learn that you have received them with such fraternal tenderness. You recommend to us to try again to quiet alienated hearts; to seek again to win them; to endure suffering, and in love to forgive. Rev. Gentlemen, I have so great veneration for the Rev. Classis, that I receive these words of exhortation with pro- found respect, and owe you, indeed, my gratitude. I have em- ployed such measures as these in my church, and have found that it was better again to embrace each other in love and peace.
The Brethren, Selyns and Varick, have also, with their usual wisdom and prudence, done everything to this end in their church. They have overlooked whatever was possible. I dare say they have overlooked even more than could be believed; yea, more than would be permitted in a state-church, without prejudice to the dig-
OF THE STATE OF NEW YORK.
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nity of their officers and the rights of the church; they have gone even to the breaking down of the Church-Order, (the Constitu- tion.) But we had to yield something to the violence of the times; and except, that we prefer to see some one else err in charity, we have put in practice this moral, " The endurance of a smaller evil, to avoid a greater, partakes something of the nature of virtue ". That I have succeeded better in my church, than they have done, is only because I had to deal with more peaceable people, and they with more opinionated ones. Nothing grieves me more than the daily decay of my churches by the constant removal of inhabitants, both rich and poor. This is caused not only by the failure of trade of the place, but also by the ruin brought on by the war, and the fear of the cruelties of the barbarians in war. Of this we have had distressing experiences several times, and now lately again, within ten or twelve days, we have seen people killed, or scalped while yet alive. Domine Selyns and Varick will be compelled, on account of the evil spirit in their congregations, to lay down their respec- tive offices, and remove or return home. I will also be obliged to return, on account of the poverty of my church, which declines from day to day, and will become more unable to pay me my sal- ary. Yet heaven will take care of everything, and repair the evils wrought by the war, by doubling its blessings.
In the meantime Rev. Gentlemen, the work of converting the heathen continues to prosper under God's gracious blessings on my labors. Sixteen have been accepted as members, and have taken communion with the congregation. I have now translated into the Indian language several prayers, the Ten Commandments, the Confession of Faith, and eight or ten Psalms. These are set to our notes, and they sing them with sweet melody. I sent copies of all these, and also the translated formulas of Baptism and Com- munion, to your Reverences on May 1, 1692; but I could not tell from your letter, whether you had received them or not ; or whether you received my other letters, of February 17, 1691, from Boston, whither I had fled. This also enclosed the letter of the Consistory
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of New Albany, dated July 31, 1690; and one from Esopus, dated August 30, 1690; also a copy of my letter to Mr. Van Suylesteyn ; and an address from the French Protestants of New York, to his Majesty of Great Britain, concerning the subject of the subversion of the government, and what has happened to us personally, and as ministers. I would send copies of all these, but dare not beg your Reverences to read the story of all these factious events. As to the proceedings with the (Indian) converts, I hope to find some opportunity to send you these by a safe hand.
Reverend Gentlemen, this is all that I have to write about my church, and the conversions from among the heathen. I further refer you to my letter of July 25th (or 15 ?). In the meantime, in whatever way Heaven may direct the entangled and confused affairs of this country, I shall follow its leadings. A good con- science is my greatest treasure. Furthermore, I pray the Almighty to pour out his blessings upon you and your services, and to heal the breaches of Zion in America. I remain, Reverend Gentlemen,
Your humble and obedient servant,
Godfridus Dellius.
ACTS OF THE DEPUTIES.
Letters from Kingston.
1693, Nov. 17th.
Several letters were read from several different regions. First, a letter from Kingston, dated June 30, 1693, signed by the elders and deacons there. They request that a minister may be sent them by the Classis of Amsterdam at a salary of one hundred and twelve pounds, current money, as designated by them. Their request and offer are fortified by several approving testimonials, signed by the respective ministers of New Netherland.
Discussion having taken place thereon, it was resolved to give notice of this (desire of the church of Kingston) at the next ensuing meeting of the Classis. xxi. 341.
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OF THE STATE OF NEW YORK.
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1693
Correspondence from America. Revs. Henry Selyns and Rudol- phus Varick to the Classis of Amsterdam, Nov. 20th 1693. Extract xxi. 349.
Rev. Gentlemen and Brethren in Christ :-
It has not a little encouraged us in our labors, to be visited once again, after these days of unendurable troubles, with your letters of sympathy. As our churches are offshoots from yours, your let- ters would have given us greater strength, if they had come a little earlier. We are, nevertheless, grateful, that your Reverences have now remembered us, and have written to us, as well as to our Con- sistories. We have handed to our Consistories your letters to them. But we could not deliver the one sent to Domine Dellius, as his place was just then supplied by friends.
The arrearages of our salaries have become very large, and are paid in equally large promises. We are trying, however, to get our salaries on a better footing by the help of their Royal Majesties of Great Britain, (William and Mary). We hope, at least, that our Consistories will be written to by their orders. This would be the proper way to help the church of God, and encourage her ministers. We wrote to you fuller particulars about the middle of last summer, and refer you to those letters, as well as the present enclosed letter of Domine Dellius. Domine Daille, the French minister, is called to Boston, and is going there. Domine Perrot will therefore take charge of the French services both in the city and the country.
If your Reverences have any duplicate copies of the Minutes of the Synod of North Holland, covering a few years back, you would greatly please us, and do us a special favor, by sending them to us, for we have no news, (lit. are blind) about our Father- land and its churches. About three years ago Domine Selyns, who is ever watchful for the best interests of God's Church, ordered from Boston and sent to your Reverences, a copy of an Indian
69
ire Ing
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ECCLESIASTICAL RECORDS
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Bible, (Eliot's Indian Bible.)* This shows us that God is not bound to certain languages, but speaks (his Gospel) even in the tongues of Indians. But perhaps this copy was detained by the authorities here, in the recent Revolution, or it may have been taken by the French, and thus fallen into the hands of the Jesuits.
We would like to write more, but are prevented from doing so. In closing we ask that you please to remember us in your prayers at the meetings of the Classis. We commend you in all things to the Lord. Valete.
Your humble and willing servants, Henricus Selyns. Rudolphus Varick.
ACTS OF THE CLASSIS OF AMSTERDAM.
The Call to Kingston.
1693, Dec. 8th.
Regarding the case of Kingston in New England, (whereof see previous Acts,) the same remains still recommended to the Deputies on foreign churches for the present. They will place the matter again, whenever they deem it timely, upon the table of Classis. viii. 193; vol. 19, 250.
REBUILDING THE CHAPEL IN THE FORT.
Council Journal.
Kings Chapel, New York. In Fort. 1693, Dec. 12.
Gov. Fletcher's Address to the Assembly.
There is likewise King's Chapel in the Fort, which, being ready to fall down to the danger of many lives, I thought it convenient to pull it down, and if you will give some-
* Information was sought about this Indian Bible of Eliot, while the writer was in Holland, 1897-8, at the University of Amsterdam. He was informed that there was an Indian Bible in the Library at Middleburg, but circumstances did not permit him to visit that place. E. T. Corwin.
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OF THE STATE OF NEW YORK.
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thing towards the rebuilding of it, we will all join in so good a work. If his Majesty were not engaged in an extensive war, I should not doubt to have orders to rebuild it at his own charge. I leave these things before you for your consideration, which con- sists of but three heads; Your duty to God ; your loyalty and affec- tion to the best of Kings; and your own safety and defence. 42.
1694, Oct. 20.
His Excellency ordered his Majesty's letter concerning the re- building of the Chapel in the Fort to be read, and desired the opinion of the Board.
It is the opinion of the Council that it be recommended to the Assembly forthwith, and that they be desired to provide for the rebuilding the Chapel according to the intent of the said let- ter. Ordered, William Nicoll Esq. do carry the said letter and desire the answer of the Assembly in writing to be returned with the letter. 65.
1694, Oct. 22.
The vote of the Assembly concerning the rebuilding of the Chapel in their Majesty's fort being read, it is the result of this Board, that the message sent on Saturday last with his Majesty's letter, was not to entreat the advice of the Assembly in what method his Excellency should proceed in effecting his Majesty's pleasure, but to know of the Assembly what they will contribute in pur- suance of that letter, towards so good a work by establishing some fund for that purpose; it being the opinion of this Board that the most loyal and proper way for all their Majesty's subjects freely to contribute, is by Act of Assembly. 65.
And that his Excellency will please to let them know the same, and desire their plain answer thereupon; which is ordered ac- cordingly, and that Col. Stephen Cortlandt and William Pinhorne carry down this message to the Assembly. 66.
1092 1682- 1694
ECCLESIASTICAL RECORDS
CHURCH OF NEW YORK.
Statement of Arrears of Rev. Selyns' salary. 1682-1694.
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