Ecclesiastical records, state of New York, Volume II, Part 39

Author: New York (State). State Historian. cn; Hastings, Hugh, 1856-1916. cn; Corwin, Edward Tanjore, 1834-1914, ed. cn; Holden, James Austin, 1861-
Publication date: 1901
Publisher: Albany, J. B. Lyon, state printer
Number of Pages: 740


USA > New York > Ecclesiastical records, state of New York, Volume II > Part 39


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VI. Regulations for the said Corpo- ration.


1. Number of Church-Wardens and Vestrymen; to be chosen from the members; their duties.


And further we will and ordain, and by these presents do declare and appoint, that for the better or- dering and managing of the affairs and business of the said corpora- tion, there shall be annually, and once in every year forever, on the Tuesday in Easter week, two church-wardens and twenty vestry- men, duly elected by the majority of votes of the inhabitants of the said parish, in communion as afore- said; which church-wardens and vestrymen shall be, from time to time, subject to our laws and stat- utes now in force, or hereafter to be made, for the choice of church- wardens, overseers of the poor, and such other like parish officers, and other parochial duties within the said parish, in like manner as the inhabitants of any parish within our province are or might be sub- ject and liable unto (except where it shall be otherwise hereby ap- pointed).


2. Naming of the first Church-War- dens and the First Vestrymen; and their term of office.


And we do by these presents con- stitute and appoint Thomas Wen- ham and Robert Lurting the first church-wardens of the said parish; and Caleb Heathcote, William Mer- rett, John Tuder, James Emott, William Morris, Thomas Clarke, Ebenezer Willson, Samuel Burt, James Evetts, Nathaniel Marston,


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OF THE STATE OF NEW YORK.


1696- 1697


THE DUTCH CHURCH, 1696.


man and joannes Kerbyle, to be the first and present Elders of the said Church, and Joannes De Pey- ster, Jacobus Kipp, Isaac De For- eest and Isaac De Reymer, to be the first and present Deacons of the said. Church,


which Elders and Deacons are to continue in the said severall offices respectively, until the second Sun- day of November, now next ensu- ing; (1696.)


THE ENGLISH CHURCH, 1697.


Michael Hawden, John Crooke, Wil- liam Sharpas, Lawrence Reade, David Jamison, William Huddles- ton, Gabriell Ludlow, Thomas Bur- roughs, John Merrett, and William Janeway, the first Vestrymen of the said parish; to have, hold, and exe- cute their said respective offices


till the feast of Easter, which shall be in the year of our Lord one thousand six hundred and ninety eight.


3. The Church-Wardens shall have the same perquisites as the Church-Wardens of St. Mary Bow, London.


And the said Church-Wardens shall have and receive such and the like church duties and per- quisites as the Church-Wardens of the said par- ish of St. Mary Bow do, may, might, or ought to receive; and shall be accountable for the same, and all other monies as shall come to them as Church-Wardens, in such manner as Church- Wardens of any other parishes within our city of London are or ought to be.


3. How meetings of Elders and Deacons are to be called; Elec- tions of Successours; Filling of Vacancies.


And further, Wee will, and by these presents for us, our Heirs and Successours, do ordaine and grant to the Minister of the said Church for the time being, or in his ab- sence by sickness or otherwise the first Elder for the time being shall and may from time to time, upon all occasions, give order for the as- sembling or calling together the said Elders and Deacons to consult and advise of the businesse and af- fairs of the said Church;


and further, Our will and pleas-


4. Number and Quorum of Church- Wardens and Vestrymen. Their powers like those of St. Mary Bow, London. Filling of Vacan- cies.


And we further declare it to be our royal will and pleasure, that the rector, church-wardens, and vestrymen, shall make the number of the whole to be twenty three persons; and the said vestrymen, or any eleven or more of them (whereof the rector for the time being, or his assistant, or clerk, by appointment, and one of the church- wardens, to be two) shall and may have and exercise the like power and authority for the ordering and regulating the affairs of the said


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THE DUTCH CHURCH, 1696.


ure is, and Wee doe hereby for Us, Our Heirs and Successours, estab- lish, that yearly, once in the year, forever hereafter, on the third Thursday of October, at the said Church, the Elders and Deacons of the said Church, by and with the consent and approbacon of the members of the said Church for the time being, shall nominate and ap- point such of their Members of the said Church that shall succeed in the office of Elders and Deacons for the year ensuing,


And if it shall happen that any of the said Elders and Deacons so elected, nominated, and appointed as aforesaid, shall dye or be re- moved, before the said yearly day of Eleccon, that then, and in every such case it shall and may be law- full for the Members of the said Church to proceed, in manner afore- said, to a new Eleccon of one or more of their members in the room or place of such office dying or removed, according to their discrecon;


THE ENGLISH CHURCH, 1697.


corporation and parish of Trinity Church, as the vestry of the said parish of St. Mary Bow now have and exercise, in reference to parish affairs;


And upon the death or other void- ance of any such vestrymen, they, or any eleven or more of them, shall, and may elect a fit person, inhabitant and householder in the said parish, to supply the same.


5. Conditions of the sale of Pews.


And we further ordain and declare, that the church-wardens for the time being, shall not, at any time, dispose of any of the pews, or places in pews in the said Church, to any person not an inhabitant thereof, nor without the consent and allowance of the vestrymen for the time being, or any eleven or more of them.


4. How Ministers are to be ap- pointed. The right vested in the Elders and Deacons. How to be inducted into office. Their sal- ary. Demise of property.


And further, our will and pleas- ure is, and wee do for us, Our


6. How an Assistant Rector, is to be appointed. The right vested in the Rector, with the consent of the Vestrymen and Church- Wardens. - Clerk - Sexton Terms of service.


And our further will and pleasure is, and we by these presents de-


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THE DUTCH CHURCH, 1696.


Heirs and Successours, declare and grant, that the patronage, advow- son, donation or presentation of and to the said Church after the decease of the said first Minister or next avoidance thereof shall appertaine and belong to and be hereby vested in the Elders and Deacons of the said reformed protestant Dutch Church and their Successours for- ever.


Provided always that all the suc- ceeding Ministers that shall be by them presented, collated, instituted and inducted into the said Church, shall bear true faith and allegiance unto us, Our Heirs and Success- ours, anything contained herein to the contrary hereof in any wayes notwithstanding.


And that the first Minister and all the succeeding ministers thereof shall and may have, take and enjoy such and all the like stipends, con- tribucons, offerings, free and vol- untary gifts and other ecclesiastical dutyes, ariseing or used and accus- tomed to rise, from the members of the said Church;


And Our further will and pleas- ure is, and we do hereby declare that it shall and may be lawful for the said Minister, Elders, and Deacons of the said reformed pro- testant Dutch Church in Our City of New yorke, aforesaid, and their Successours, to grant and demise such of the premises or any part or parcell thereof (as are now in lease), at the expiration or other sooner determination of such lease, for the term of fifteene years, upon a rea- sonable improved yearly rent; with- out taking any fine for the same.


THE ENGLISH CHURCH, 1697.


1696- 1697


clare, that the rector of the said parish for the time being, shall and may, by and with the consent of the said vestrymen and church- wardens for the time being, or any eleven or more of them, whereof one of the church-wardens to be one, from time to time, nominate one able Protestant minister, in priests' orders, to reside in the said parish, to be preacher and assist- ant to the said rector and his suc- cessors, in the celebration of the divine offices of praying and preach- ing, and other duties incident to be performed in the said Church and parish, as the said rector shall re- quire of him;


and likewise to nominate a fit per- son to be clerk of the said parish, and one or more sexton or sextons; to which clerk or sextons, respect- ively, there shall be such and the like dues, fees, perquisites, and profits, paid and allowed, as shall be established by the said rector, church-wardens, and vestrymen, in manner aforesaid;


which said preacher assistant, clerk, and sexton or sextons, and every of them, shall continue in his said place during his or their nat- ural lives, if they shall so long in- habit there; except on some offence or misgovernment by them, or any of them, committed, and unless for cause reasonable proved, they shall be displaced by the said rector for the time being, by and with the con- sent of the said vestrymen, or any eleven or more of them.


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THE DUTCH CHURCH, 1696.


THE ENGLISH CHURCH, 1697.


7. Salary of the Clerk, and how paid.


And that the church-wardens of the said parish of Trinity Church for the time being, shall, and are hereby required, from time to time, to pay the yearly sum of ten pounds to the clerk, to be appointed as aforesaid, out of the profits and other the duties and perquisites to them accruing in the said church and parish, by four quarterly payments; that is to say, on the feast of St. Michael, the archangel, the Birth of our Lord and Saviour Jesus Christ, the Annunciation of the blessed Virgin Mary, and St. John the Bap- tist; or ten days after every of the said respec- tive feasts, by equal and even portions.


5. Deacons may collect gifts for


charitable purposes. See p. 26.


And Our further will and pleasure is, And Wee do hereby further declare that it shall and may be lawfull for the Deacons of the said Church, or any other person sufficiently authorized from them, at any time or times, when they meet and assemble together in the said Church, for the public worship or service of God, to collect and gather together the ffree and voluntary alms of the members of the said Church, congregated as aforesaid, which is to be imployed by the Minis- ter, Elders and Deacons, etc., unto such pious and charitable uses as they and their Succes- sours, at their discrecon, shall think convenient and needfull;


6. Appointment of Assistant Min-


isters, Secretaries, School-Teach- ers and Sextons.


And Our will and pleasure further is, and we doe hereby declare that the Minister of the said Church for the time being shall and may by and with the consent of the Elders and Deacons of the said Church, for the time being, or any four of them, whereof one of the Elders to be one, from time to time as need shall require, nominate


OF THE STATE OF NEW YORK.


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1696- 1697


THE DUTCH CHURCH, 1696. THE ENGLISH CHURCH, 1697.


one or more other able Ministers lawfully or- dained according to the constitutions and direc- cons aforesaid, to be preachers and assistants to the said Minister and his Successours in the cele- bracon of the divine offices of praying and preach- ing, and other duties incident to be performed in the said Church as the Minister, Elders and Dea- cons of said Church shall require of him;


and likewise to nominate and appoint a Clerk, Schoolmaster, bell-ringer or sexton, and such other under officers as they shall stand in need of.


8. Church-Wardens and Vestrymen must contract for finishing Trin- ity Church and raise the money by assessment of Episcopalians.


We further ordain and declare that the said church-wardens and vestrymen, or any eleven or more of them, are, by these presents, authorized and required, within the space and time of three hundred days next and after the sealing and enrolling of these presents, to make, or cause to be made, an estimate in writing, under the hand or hands of some sufficient person or persons qualified for the same, of the charge and finish- ing the said church and steeple, and providing a clock and one or more bells for the same, and other works necessary and requisite in and about the said church and steeple; and of building a convenient house for the said rector.


And such sum or sums of money as shall ap- pear to them, upon such estimate, to be in their judgment competent to accomplish the premises, and to satisfy and pay the debts incurred for or by reason of the said church, shall be by them or any eleven or more of them, charged upon all and every of the inhabitants in the said parish to be by them paid in seven years, by twenty eight quarterly and successive payments: the first whereof to commence and become payable to the church-wardens for the time being, who are hereby authorized to receive the same at the first of the feast days aforesaid as shall happen after the assessing and taxing thereof, and the rest to be successively to them also quarterly


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1696- 1697


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ECCLESIASTICAL RECORDS


THE DUTCH CHURCH, 1696.


THE ENGLISH CHURCH, 1697.


paid, at the successive feast days aforesaid, until all the said twenty eight quarterly payments shall be made and finished.


And the said church-wardens and vestrymen, or any eleven or more of them, are hereby re- quired and authorized, within three hundred and sixty five days next and after the sealing and enrolling of these presents, to assess, tax, and rate the first of the said quarterly payments after a pound rate or otherwise, as they shall think most reasonable, equal, and meet; and in like manner to assess every other of the said quar- terly payments within forty days after the time of payment of the next preceding quarterly pay- ment: all which said assessments shall be con- firmed and allowed by two justices of the peace within the said parish, and in communion of the said church as aforesaid, under their hands and seals: and be collected by such persons, inhabit- ants of the said parish, as by the said vestry- men, or any eleven or more of them, shall, from time to time, under their hands and seals, appoint.


And we further declare, that if the estimate and computation, to be made as aforesaid, shall not be sufficient to discharge the debts incurred about the building and finishing of the said church and steeple, and other the works hereby intended to be done, the said vestrymen, or any eleven or more of them, shall and may charge and assess such additional sum or sums upon the inhabitants of the said parish, in communion as aforesaid, as shall be needful to perfect and accomplish the same; so as such additional sum, together with the sum hereby charged and pay- able by the said twenty eight quarterly payments, exceed not in the whole the sum of five hundred pounds.


9. Shall keep books of costs of said Church.


And we further declare it to be our royal will and pleasure, that the church-wardens of the said parish of Trinity church shall cause all the debts, credits, and contracts, made and to be made, with or by the artificers and workmen employed, or to be employed for any work or building to


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OF THE STATE OF NEW YORK.


THE DUTCH CHURCH, 1696.


THE ENGLISH CHURCH, 1697.


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be made or done in or about the said church steeple, and premises, to be entered and regis- tered in one or more book or books to be kept for that purpose; and the said vestrymen, or any eleven or more of them, out of the money col- lected and paid to the said church-wardens, upon the said quarterly payments, or by any other ways and means, for the use aforesaid, shall, in the first place; pay and discharge, all such debts as shall become due unto the artificers and work- men employed, or to be employed in about the finishing the said church, steeple, house, and premises, and shall issue and pay, or cause to be issued and paid to the said artificers and workmen, as aforesaid, all and every sum and sums of money, now or hereafter due and pay- able unto them, their executors, administrators or assigns, proportionably according to the dates of the registering of the debts and credits as aforesaid, with moderate interest, if need shall be for their forbearance thereof.


7. May assess the members of the Dutch Church for salaries of Ministers, etc.


And further, Wee do of Our Es- peciall grace, certaine knowledge and meer mocon give and grant unto the said Minister, Elders and Deacons, by and with the consent and advice of the members in Com- munion of the said Church or the major part of them, full power and authority to make rates and assess- ments upon all and every of the members in Communion of the said Church, which Minister, Elders and Deacons, together with the mem- bers in Communion of the said Church or the major part of them, are hereby authorized, from time to time, to make rates and assess- ments upon all and every of the members in Communion of the said


10. May assess the members of the English Church for salaries of Assistant Preacher, etc.


And we further declare, that the church-wardens for the said parish for the time being, together with any eleven or more of the said ves- trymen, shall, upon the Tuesday in Easter week, yearly, forever, or at any time within ten days after the said Tuesday, tax, rate, and assess the yearly sum of thirty pounds, upon the inhabitants of the said parish in communion as aforesaid, and for the paying of the future assistant, to be nominated and ap- pointed as aforesaid, and for the paying and defraying the other con- tingent charges that may yearly accrue within the said parish: which said assessment shall be confirmed and allowed in such


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ECCLESIASTICAL RECORDS


1696- 1697


THE DUTCH CHURCH, 1696.


Church for the raising of money for the payment of the yearly sti- pends and salaryes of the aforesaid Officers of the said Church.


THE ENGLISH CHURCH, 1697.


manner as other the assessments hereby appointed to be made as aforesaid, and be collected and paid yearly to the church-wardens for the time being, by such person and persons as the said church-wardens and vestrymen shall appoint, at the four usual or times of the year before mentioned: the first payment to begin and be made at that feast day next and after the said preacher assist- ant shall be presented and enter to assist the said rector in the said church, in manner aforesaid.


11. Time of Payments.


And the said church-wardens, or either of them, shall pay the said yearly sum of thirty pounds, over and above all charges and deductions for collecting the same, to the said preacher assistant for the time being, to be nominated as aforesaid, upon the said four usual feasts or terms in the year, by even and equal portions.


8. May assess the members of the Dutch Church for Repairs of said Church.


And also for repairing, amending and enlarging the said Church and steeple, belfry, Coemetry or Church- yard, and other things necessary belonging to the said Church, which rates and assessments shall be paid unto the Deacons of the said Church for the time being, and disposed of to the uses afore- said, by order of the said Minister, Elders and Deacons;


And for the better and more easy taxing and making of the rates and assessments aforesaid, Wee further grant and declare that the Minister shall on every first Sunday in the Month of May in the year,


give notice to the members of the


12. May assess the members of the English Church for Repairs of said Church.


And we further ordain and de- clare it to be our royal will and pleasure, that the said church-war- dens, together with eleven or more of the vestrymen of the said parish, shall, and are hereby authorized, from time to time, to make rates and assessments in manner afore- said, for the repairing and amend- ing the said church, steeple, cem- etry or church-yard of the said parish, when need shall be; the said rates, taxes, and assessments for repairing and amending the church and premises. to be paid to the said church-wardens of the said parish, and those, and all other the said last mentioned taxes, rates,


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fi


CO


OF THE STATE OF NEW YORK.


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1696- 1697


THE DUTCH CHURCH, 1696.


said Church by name to appear, assemble and meet with him and the Elders and Deacons of said Church, on the second Monday then next following in the said Church, to make the said assessments.


And if upon notice so given, they neglect or do not meet, then our will and pleasure is that the said Minister, Elders and Deacons do make the said assessment, anything contained herein to the contrary hereof in any wayes notwithstanding.


VII. Privileges allowed said Church. See p. 25.


And Wee doe of Our further speciall grace, cer- tain knowledge, and meer mocon, give and grant unto the said Minister, Elders, and Deacons, and their Successours, that the said Minister, Elders and Deacons, together with the members in Com- munion of the said Church, Inhabitants from time to time inhabiting and to inhabite in our said City of New Yorke, shall be called the Re- formed Protestant Dutch Church of Our said City of New Yorke,


1. May change their time of meet- ings. See p. 25.


And that they or the greatest part of them, whereof the Minister, Elders and Deacons and the major part of the members in Communion of the said Church, shall have and have hereby given and granted unto them, full power and authority from time to time, and at all times hereafter to appoint, alter and change such dayes and times of meeting as they shall think fitt,


2. May receive members into the Church, and elect officers. See p. 25.


And to choose, nominate, and appoint such and so many of Our liedge people as they shall think fitt and shall be willing to accept the same to be members of the said Church and Corporation and body politick, and them into the same to admitt


and to elect and constitute such other Officer and Officers as they shall think fitt and requisite


THE ENGLISH CHURCH, 1697.


and assessments, to be made and collected, confirmed and allowed, as aforesaid.


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ECCLESIASTICAL RECORDS


1696- 1697


THE DUTCH CHURCH, 1696.


THE ENGLISH CHURCH, 1697.


for the ordering, manageing and dispatching of the affairs of the said Church and Corporation and their Successours;


3. May change their Rules; re- maining loyal to Great Britain. See p. 26.


And from time to time to make, ordaine, con- stitute, or repeale such rules, orders and ordi- nances for the good discipline and weal of the members of the said Church and Corporacon; so that these rules, orders and ordinances, be not repugnant to the laws of Our Realme of England, and of this Our Province, nor dissonant to the principles of Our protestant religion, but as neere as may be agreeable to the Laws of Our Kingdom of England, and consonant to the articles of faith and worship of God agreed upon by the aforesaid Synod of Dort;


-


VIII. Final Ratification of their Title. Duties of the Corpo- ration.


1. Right to their Real Estate.


And further, know Yee, that wee of our more abundant grace, cer- taine knowledge, and meere mocon, have given, granted, ratified, and confirmed, and by these presents for us, our heirs and Successours do give, grant, ratify and confirme unto the said Minister, Elders and Deacons, and their Successours, all and every of the severall above re- cited lands, tenements, messuages, Mannours, and hereditaments, within all and every of their severall and respective limites and bounds above specified, together with all and every of their severall and respective houses, buildings,


VIII. Final Ratification of their Title. Duties of the Corpo- ration.


1. Right to their Real Estate.


And moreover, of our special grace, certain knowledge, and meer motion, we do give, grant, ratify, and confirm, unto the said rector and inhabitants of our said city of New York, in communion of our protestant Church of England, as now established by our laws, that the said Church and cemetry or church-yard, situate, lying, and being within our said city of New York as aforesaid, shall be the sole and only parish church and church- yard of our said city of New York.


edifices, tenements closes, yards, tofts of ground, orchards, gardens, inclosures, fields, pastures,


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1696- 1697


THE DUTCH CHURCH, 1696.


THE ENGLISH CHURCH, 1697.


feedings, woods, underwoods, trees, timber, Com- mon of pasture, meadows, marshes, swamps, lakes, ponds, pools, waters, water-courses, rivers, rivoletts, brooks, streams, fishing, fouling, hunt- ing and hawking, quaryes, mines, mineralls, (sil- ver and gold mines excepted) and all other royal- tyes, jurisdiccons, franchises, preheminencyes, libertyes, privileges, benefits, profits, heredita- ments, and appertenances whatsoever, to all and every of the severall and respective above recited lands, tenements, messuages, Mannours, heredita- ments and premises belonging, or in any wayes appertaining or there withall used, accepted, re- puted, or taken to belong or in any wayes to appertaine to all intents, construccons and pur- poses whatsoever;


2. Right to their private Income.




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