USA > New York > Ecclesiastical records, state of New York, Volume IV > Part 36
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ECCLESIASTICAL RECORDS
Apply it to such Use and Bennefit of the Said Parish as they or the Major part of them shall think fitt & to give a Receit for the Same to the said Church Wardens which Receit to them Shall be a good & Sufficient Discharge for the Said Sixty Pounds anything Herein Contained to the Contrary Notwithstanding .- Laws of the Colony of New York. Vol. ii. p. 827.
DEED CONVEYING THE MOHAWK FLATTS TO THE KING. Nov. 4, 1733. SEE MAY 28, 1736.
(Being the site of several Churches in Mohawk Valley.)
Know all men by these presents that we Jacomin, Asarus, Gidion, Cornelius, Sett, Whisaw, Asaras, Arras, Sandras, Petrus, Aria, Johanus, in behalf of the rest of our Nation. Of the several Tribes of the Turtle, bear and wolf the Native born Indians of the Mohock Nation in the County of Albany and province of New York in America being deeply sensible of the many benefits & gracious bounties we from time to time have received and do now enjoy under the Royal favour and pro- tection of his present most Sacred Majesty King George the Second, Have willingly and freely given, granted aliened and enfeoffed, released and confirmed, and by these presents do, give, grant alien and enfeoffe, release and confirm unto his said Majesty King George the Second his heirs successors and assigns all that certain tract or parcell of low or meadow land commonly called the Mohocks flatts scituate lying and being near Fort Hunter on the south side of the Mohock's River on both sides a Creek called Tiononderoga Creek, and containing by estimation twelve hundred acres more or less together with two thousand acres of Wood or uplands lying at the back and extending the whole length of the said low or meadow lands and all our Estate, Right title, Interest, property claim and demand thereunto, to have and to hold all and singular the said meadow and woodlands with all and singular their appurtenances and premises hereby granted or intended to be granted unto his said Majesty King George the Second his heirs and successors, Provided nevertheless and it is the true intent and meaning of these presents and upon the special trust and confidence that we repose in his said Majesty under the Great Seal of Great Brittain or under his seal of this Province shall not any time after the date hereof grant or cause to be granted to any Body publick person or persons whatsoever the above mentioned tract of Meadow, woodlands and premises or any part thereof except it be by the free and voluntary consent and further confirmation of us whose names are hereunto subscribed or the majority of us, or by the free voluntary consent and confirmation of the majority of the survivors of us or of our heirs or representatives under our hands and seals first had and obtained in writing and further that we hereby covenant and promise to and with his said Majesty his heirs and successors for ourselves and our heirs on the con- sideration aforesaid that we nor our heirs shall not or will not at any time here- after from the date of these presents convey or alien the abovementioned premises or any part thereof unto any body politick person or persons whatsoever except it be by such consent or confirmation in writing unto his said Majesty or his lawful representative as aforesaid In Witness whereof we have hereunto set our hands and seals this fourth day of November in the seventh year of the Reign of our said Soveraign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the faith etc. Anno Dni 1733. [Nov. 4.]
Jacomin,
Asarus,
Gidion,
Cornelius,
Sett,
Whisaw,
Asarus
Erras,
Sander,
Petrus,
Aria,
Johanus,
Johanus.
NOTE .- By the charter granted by Gov. Dongan to Albany in 1686, that city obtained the right to purchase one thousand acres of land from the Indians at what is now Fort Hunter, and a committee was shortly after sent to view the lands. On the 12th October, 1730, the city took from the Mohawk Indians of the Lower Castle, a deed to hold the lands in trust for them so long as they should be settled thereon, with remainder to the city. This deed continued in possession of
OF THE STATE OF NEW YORK. ? .
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Mr. John Depeyster, the Mayor, until 12 September, 1733, when it was delivered to Governor Cosby, who destroyed it, and on the 4th of November, following, obtained the above deed from the Indians, conveying said lands to the King in trust for them. The Mohawks, notwithstanding, continued uneasy, and to quiet them, the city of Albany signed an instrument on the 18th December, 1773, sur- rendering to the Indians residing in the Lower Mohawk Castle, all right and title to the said thousand acres of land, (with the exception of a few parcels that private individuals had previously purchased from the Indians and held under the Corporation,) "so long as they shall continue a Nation and be settled on said lands." In 1788, a number of the Mohawks residing at Canajoharie, petitioned the Legislature to be reinstated in their lands at Fort Hunter and elsewhere; and by two instruments, dated respectively the fifteenth of April, 1789, and 16th June, 1790, the city bought out all the claims of the surviving Indians to the lands in question, as appears by the various instruments on file in the office of the City Clerk. The lands were divided into farms at first and leased by the corporation, but all these farms have since been sold except one, which is still under lease .- Col. Hist. N. Y. vi. pp. 15, 16.
CORRESPONDENCE FROM AMERICA.
1733, Nov. 25. Rev. T. J. Frelinghuysen to the Classis of Amsterdam. (Not found.) Referred to, xi. 157, and xxii. 281.
REVEREND MR. VESEY TO THE BISHOP OF LONDON.
New York, December 16, 1733.
My Lord, Your Lordship's ninth Instruction requires me to give you notice from time to time of any hardships or oppressions that I find the Clergy to labour under, in relation to the Rights which they are entituled to by the Laws and Constitutions of the Government; I do, therefore, in obedience to the said In- struction, and out of the regard I have to the interest of the Churches here, con- ceive it my indispensible duty, humbly to represent unto your Lordship, that in November last, the Legislature of this Province, thought fit to pass: an Act to impower the Vestry of the Parish of Jamaica in Queen's County, to dispose of sixty pounds, which had been raised by virtue of the Act of Assembly, for the maintenance of a Minister for the said Parish, and then in the hands of the Church Wardens, for the use and benefit of the said Parish; a copy of which Act I here- with transmit for your Lordship's perusal and consideration. The original of which I presume will be sent home by this conveyance to the Lords of Trade and Plantations for his Majesty's approbation, which I hope by Your Lordship's seasonable interposition, will be prevented and the Act disallowed; for although the sum to be disposed of by the said Act, be but sixty pounds, yet, the conse- quence of the said Act's, being confirmed, may in my humble opinion prove fatal to the Churches; for the same persons that had the power and influence of pro- curing the passing of this Law, may have the like influence in obtaining a Law, for altering or repealing the Laws now in force, for settling the Ministry and raising the maintenance for them; and this dangerous precedent may be a leading Card to effect such purposes.
And as the present Speaker1 and Majority of the house of Representatives are not of the Church, who can tell how fond some persons may be of following precedents? especially when I beg leave further to inform Your Lordship that this Act was brought in and passed at the Close of the Session, and hurried through both houses and passed, before Mr. Colgan or myself had the least suspicion thereof, or time to be heard by Petition, or otherwise to prevent the same. But I am, notwithstanding, advised, that as the Act for raising the Minister's Salary, has not made any provision in case of death etc .; and as Mr. Colgan for the
1 Adolph Philipse.
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ECCLESIASTICAL RECORDS
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greater part of the time from Mr. Poyer's death? to the time of his Induction, officiated and performed the duty there, he being next Incumbent, is by Law entituled to the money raised during that time; but as the Vestry and Church Wardens of that Parish are annually chosen by the Inhabitants thereof, pursuant to that Act, they being the majority, always take care to elect Dissenters into those offices, and the present sett not only refused to pay that sixty pounds to Mr. Colgan, but also refused to pay him any part of the Salary, that has become due and been raised since his Induction, soe that Mr. Colgan is obliged to go to Law with them for that, in which case the sixty pounds in their hands may be of service, to enable them to litigate the point over again, all which I humbly offer to Your Lordship's serious consideration, and remain as in duty
My Lord,
Your Lordship's most humble and most obedient servant,
Will: Vesey.
COMPLAINT AGAINST THE SHERIFF OF WESTCHESTER FOR REFUS- ING THE VOTES OF CERTAIN QUAKERS AT THE ELECTION. DEC. 18, 1733.
To William Cosby Governour of the Province of New York etc.
The Complaint and Humble Petition of Richard Cornwell, Nehemiah Palmer & Sylvanus Palmer in behalf of themselves and some others of the People called Quakers Inhabitants in the County of West Chester in the Province of New York Sheweth that we are and for many years past have been Possessed of houses and Lands being Estates in fee Simple within Said County and have always behaved and demeaned ourselves toward those placed in authority over us and to all our fellow Subjects as becomes honest and peaceable men to do, and when there has been any occasion for our Evidences in any of the Courts within this Province and on other occasions, we have been admitted for these many years past to make our Solemn affirmation, instead of an oath, by virtue of an Act of Assembly made in this Province in the Year of our Lord 1691 and afterwards confirmed by the King and Queen of England, and we have also been allowed at all times since the making of that act to give our votes at the Election of Representatives and when any doubt has arisen about any persons being a freeholder, our Solemn Affirmation has been allowed for the clearing the matter, Untill the late Election of a free- holder for a representative for the Said County when the High Sheriff Nicholas Cooper did refuse and deny us and Severall more of our friends to give our votes for Lewis Morris one of the Candidates at the Said Election unless we would take an oath that we were Freeholders, though well known to be Such to most of the People present and when we offered our Affirmation according to Law that was rejected, when at the same time two of our friends who voted for the other Candidate William Forster were admitted without either oath or affirmation and yet no better known to be freeholders than we that were denied, and one of us who was denied, was after when the election was finished Suffered both by the Sheriff and Forster too, to Joyne in the Execution of the Indentures as a prin- cipall Freeholder and that without oath.
Now we thy Petitioners have been Informed by Council Learned in the Law, that every one of us that was so denied our vote may have his action upon the
2 Rev. Thomas Poyer was grandson of Col. Poyer, who died in the gallant de- fence of Pembroke Castle in the time of Oliver Cromwell. He entered the service of the Venerable Society on the 29th of September, 1709, sailed from England in the last of that year, and arrived in this country in 1710, after having suffered shipwreck on the passage. He was inducted on the 18th of July of that year, into the Church of Jamaica, and died in that village on or about the 15th of January, 1732 .- Documentary History of New York, 8vo., iii., 230, 311.
" Rev. Thomas Colgan was appointed Catechist to the Negroes, and assistant to. the Rev. Vesey, at New York, in 1725, in which year he arrived from England. He was inducted Minister of Jamaica in January, 1733. Commissions, iii., 371. Thompson says he died in 1755 .- Col. Hist. N. Y. Vol. v. pp. 972, 973.
OF THE STATE OF NEW YORK.
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1783
case against the Sheriff, for his So violent attempt on our Liberties and priviledges, but we not being inclined to use such rigorous means, Chose rather to apply to thee for redress, who art the Kings Representative, hoping thou wilt not Counte- nance such arbitrary proceedings, but be pleased to grant our request to discharge the said Nicholas Cooper from his office of High Sheriff and thereby discourage Such proceedings for the future, that we with all other our friends may from henceforth Enjoy all our Lawfull liberties and priviledges Quietly and peaceably and Not be deprived thereof by any partial Magistrates or officers, Nor by any forced or Strained construction of law contrary to the so long & constant practice of the Governours and Magistrates of this Province, and manifest intent of the Law-makers But besides the above recited Law of this Province there is an Act of Parliament made in the Eighth year of the late King George the first, that allows us the form of Affirmation therein prescribed, which we conceive Extends to all the people called Quakers in the Kings dominions, and has since the making thereof been frequently made use of in this Province and though Some People have been of opinion that it does not extend to us, yet it is manifest that it was the intent of the lawmakers that it should for our late Governour Montgomerie told Doctor John Rodman & Edward Burling that he was a Parliament man at the time when that act was made, and helpt promote it and that it was intended for all the people called Quakers in the Kings dominions and that all should have the benefit of it etc. and further Said that if any Magistrates or officer denied it to any of our friends let him but know it and he would punish him for it.
We are thy friends and Well wishers,
Richard Cornwell Silvanus Palmer.
18 December 1733. Read & referred. - Doc. Hist. N. Y. Vol. iii. pp. 610, 611.
REPORT ON THE COMPLAINT OF QUAKERS FOR NOT BEING AL- LOWED TO VOTE. DEC. 28, 1733.
Att a Committee of the Councill held at ffort George in New York on Friday the 28th Day of December, 1733.
Present - Mr. Harrison Mr. Delancey Mr. Courtlandt Mr. Lane Mr. Horsmanden,
May it please your Excellency: In Obedience to Your Excellencys Order in Council of the 18th December instant referring to us the Consideration of the Matters of Complaint mentioned in the petition of Richard Cornwell & Silvanus Palmer in behalf of themselves & others of the people called Quakers against Nicholas Cooper Esq. High Sheriff of the County of West Chester & set forth in the minutes of Councill of that day to which We beg leave to refer We having heard & examined both partys as well in defence as in Justification of the said Matter of Complaint Do humbly report to your Excellency.
That as to the Sheriffs refusing the Complainants their votes at the late Election for a Representative for the County of West Chester or their affirmation of their being freeholders in the Said County We find that the Complainants hav- ing offered their Votes for Lewis Morris Esq., one of the Candidates at that Election were Challenged by William fforster the other Candidate who required the Sheriff to tender to the Complainants the oath of ffreehold That the Com- plainants conceiving themselves as being of the people called Quakers entitled to the Liberty & priviledge of giving their affirmation instead of an oath refused to take the Oath required but offered their affirmation of their being freeholders that thereupon the Sheriff told the Complainants he could not admit them to poll unless they would take oath of ffreehold as directed by act of assembly which by the other Candidate he was required to administer; That the Complainants having refused to take Such oath the Sheriff refused their votes.
That as to the Sheriffs having taken the Votes of others of the people called Quakers who voted for Forster without having taken their oath or affirmation We find that they not having been Challenged nor their ffreeholds questioned were admitted by the Sheriff to give their Votes at Said Election.
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ECCLESIASTICAL RECORDS
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That the Sheriff tendered the Oath of ffreehold to none of the people called Quakers but what was Challenged & when required thereto & refused to none of them their Votes if not Challenged.
Upon the whole and after a full hearing the petitioners having waived a farther Examination into the particulars of their Complaint Except what related to their right to Vote, if regularly Challenged to their ffreehold, upon their affirmation only without regard had to the oath directed by Act of General Assembly in each respective City & County within this province, And the Sheriff justifying his Conduct at the Election before mentioned by the words of Said Act which we apprehend to be Matter of Law We humbly recommend to your Excellency to refer the Said petition & said Sheriffs justification to his Maties Attorney Generall for his opinion thereon.
This may it please Your Excellency is what the Committee find upon their examination of, and Inquiry into, the allegations or Matters of Complaint in the Complts. petition set forth all which is humbly Submitted to your Excellency.
By your Excellencys most obedient humble Servants,
By order of the Committee, Henry Lane. - Doc. Hist. N. Y. vol. iii. pp. 611, 612.
REV. WM. TENNENT.
1733-1777. Rev. Wm. Tennent, Presbyterian at Freehold, N. J. Celebrated Trance at New Brunswick, N. J. in 1730. Sketch in Alexander's Log College; also in Murphy's Presbytery of the Log College, and in many other publications.
THE PEACE-ARTICLES, ACCEPTED, Nov. 18, 1733, AS READ FROM THE RARITAN PULPITS, JAN. 1, 8, 15, ETC., 1734. [TAKEN FROM THE ACTS OF THE DEPUTIES, AS RECORDED, JULY 8, 1735.]
Articles of Peace and Union, between the Consistory of the (four) combined congregations of Raritan, and the disaffected ones, which were publicly read from (the pulpit.)
It is known to you, Beloved Christians, that for a considerable time there have been dissensions and disunions among us; and that their Reverences (the Classis) have frequently admonished both parties to peace; and now that it may appear that we, on our part, are inclined to peace, therefore we desire publicly to announce the following Articles of Peace and Reconciliation.
1.
The Consistory wishes that there may be a complete amnesty; and they will gladly, on their part, forget and forgive all former (acts or words), whereby they (the Consistory) were insulted, desiring that love and peace may revive; that we may be one flock, and under one shepherd from henceforth.
2.
Since it has pleased the Rev. Classis to release from the Ban, the excom- municated ones, and it is required of us that we consider them as thus released; therefore, we do declare, by these presents, that we regard the same as released, and will consider them and treat them as members of the Reformed Church; pro- vided that they shall again unite themselves with us to-day, in accordance with the intention of Classis, and shall conduct themselves as obedient members of the church.
3.
We also promise, on our part, that we will observe the Church-Order, the dis- cipline, and the administration of the Holy Seals of the Covenant, in keeping with
:
OF THE STATE OF NEW YORK.
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the Netherland church; at least in so far as this is practicable and possible in these regions; and that in our churches none other than the orthodox Reformed services shall be permitted.
4.
As to the calling of a second minister: that proposition was made without our consent. Yet we would like to see two Dutch Reformed Ministers here, if it could be done regularly, and in harmony with our Church-Order; and if they can be properly supported. Then our Consistory will freely permit their Domine to preach (in turns) alternately with him, as is the way on Long Island; provided we can come to an understanding concerning the turns and the salary. Nevertheless our Consistory thinks that it would tend most towards harmony (forgiveness), if in conjunction with the disaffected ones, they (the Consistory) should call a second minister; for then there would also be more liklihood that some one would come.
5.
We are also willing to give equal rights and privileges to the disaffected ones. and to all other hearers in those churches, although they have not contributed towards the erection of the same, whether in this church, (Raritan), or in the church at New Brunswick, or at Six Mile Run, provided they will also contribute towards the erection of that church (those churches?) what is right and just.
6.
We also consent that, annually, half of the Consistory shall be changed, unless indeed, the situation and the welfare of our churches should demand otherwise; according to Article 27 of our Church-Order.
7.
We have also always conceded, and are glad to let every one know, that we hold the Rev. Classis of Amsterdam to be our competent judge (authority), to wit, in all things ecclesiastical.
8.
We are also willing, whenever a dispute shall arise among us - which, may God forbid - which cannot be settled by our Consistory, that the same shall be sub- mitted to certain other Dutch ministers, such as have been sent over by the Rev. Classis and are in correspondence with the same, to whose decision we shall sub- mit ourselves; but in accordance with Art. 75 of the Church-Order: "In the country districts, and in villages, where there is but one minister, the satisfaction shall be made with the advice of two neighboring churches, in such manner and form as shall appear most edifying ".
9.
As to certificates of those who come to us from other Reformed churches; our opinion on that subject is this, wherewith also our practice agrees, to accept, indeed, certificates which are brought to us from outside, as well as the persons from among the ranks of the other church-members; but, nevertheless, they may be examined, and if they are found to be ignorant, (uninstructed) or offensive, they may be denied the Supper of the Lord until their enlightenment and con- fession. That this is the sentiment of the Reformed Church, appears from Art. 6, (61), of the Church-Order: "No person shall be admitted to the Lord's Supper, but those who make a confession of their faith in the Reformed religion, agreeably to the practice of the churches to which they are joined, and who also have the testimony of a pious deportment; without which also, none coming from other churches, shall be received ".
10.
We will also teach that all other Reformed Ministers must be properly re- spected. Every Christian of the " Reformed Faith ", shall esteem such highly for their work's sake, namely, orthodox ministers, who conduct themselves worthy of their office.
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ECCLESIASTICAL RECORDS
.
11.
We are willing to submit all this, and whatever else may be required of us, to the impartial judgment of the two nearest churches or ministers, but only in the neighborhood.
Done at our Church-Meeting, November 18th 1733.
Was signed,
T. J. Frielinghuysen,
in the name of the Consistory of New Brunswick. Roelof Nevyus, Elder,
In the name of the Consistory of Raritan. John Van Middelwaert, Elder,
in the name of the Consistory of Six Mile Run. Elbert Stoothoff, Elder, in the name of the Consistory of North Branch, (Readington). Simon van Aertsdalen, Elder.
Read Jan. 1, 1734, at New Brunswick; on the 8th at Raritan; and so on suc- cessively, in all the churches. xxii. 333, 334.
ACTS OF THE CLASSIS OF AMSTERDAM. Rev. Frelinghuysen.
1734, Jan. 12th. From a postscript in the letter from the Rev. Brethren of New York, it appeared that they were informed by the Consistory of Raritan, That Rev. Frilinghuysen still re- mained in his condition of insanity, with lucid intervals, and (said Consistory) gave thereof convincing proofs. Accordingly they were asked by that Consistory whether such a person could be con- tinued as their minister; yea, whether he could be continued even as a church member. This matter was referred to the Rev. De- putati ad res Exteras for consideration, and for furnishing the Classis with a report (pre-advice). xi. 126.
(The word insanity, above, seems altogether too strong, (Dutch, Kranksinnigheid). It was a sickness in which there was consider- able delirium, (Dutch, Ijlhoofdigheid) and this sickness was caused largely by the persecution to which he had been subjected by certain ones of that congregation.)
ATTORNEY-GENERAL'S OPINION. QUAKERS MAY NOT VOTE, IF THEY REFUSE TO SWEAR. JAN. 28, 1734.
May it please your Excellency: In obedience to your Excellency's Comands, I have carefully perused and considered the Several Acts of Parliament relating to the solemn affirmations etc. of the people called Quakers; And find that none of those Statutes (now in force) do Extend to this Province, or any other of his Majesty's Plantations.
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