USA > New York > Ecclesiastical records, state of New York, Volume IV > Part 37
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2641 1734
OF THE STATE OF NEW YORK.
I have also perused and Considered the act of the General Assembly of this Province, made in the 3rd year of King William and Queen Mary Intitled "An Act to ease people that are scrupulous in swearing " And find that law relates only to such Scrupulous persons giving their Evidence in any matter Depending in any of the Courts (or their Serving upon any Jury in any Court) within this Province; and not at all to Elections.
I have likewise perused the seu'al acts of assembly relating to the election of Representatives to serve in the General Assembly of this Province; But more particularly that Intitled "A Bill for Regulating Elections of Representatives in General Assembly in each respective City and County Within this Province " Which Act obliges every Elector (without any Exception) before he is admitted to Poll at the same Election; To take the oath therein after mentioned, if required by the Candidates or any of them. Which Oath required By one of the Candidates at the last Election for the County of West Chester, to be taken by some of the people called Quakers; they refused to take, And the persons so refusing, were therefore not admitted to Poll at the said Election.
Upon the whole, I am humbly of opinion, that neither any of the people Called Quakers, nor any other person Whatsoever who Refused to take the said Oath at the said Election; on being required by any of the said Candidates to take the same, had any right by Law, to be admitted to Poll at the said Election.
R. Bradley, Attorney General.
Dated 28th January, 1733/4.
To his Excellency the Governor of New York, etc. - Doc. Hist. N. Y. Vol. iii. p. 612.
DUTCH CHURCH OF NEW YORK.
Manor of Fordham.
New York, March 21, 1734.
Consistory granted the request of Michael Terneur to let Mar- timus Eychenberg reside on his land, on the Manor; also to make pipes there - but with strict fulfillment of all the other condi- tions stated in his lease.
Order was given to Mr. Gerardus Beekman, Overseer of the Manor, to go there at the first opportunity and apprize Michel Terneur of his permission above stated, and to demand from all the lessees who are in debt, payment of the arrears. This they must do at once, or give an obligation under their own hand and seal, to pay the same in May next, without further delay. If any refuse, either to pay, or to give such an obligation, Mr. Beekman shall say to them, by order of the Consistory, that they will be summoned before the Court, and incur the risk and costs thereof. For this, as has been said already, is the final resolution of the Consistory - not to allow any longer delay without such a writ- ten obligation.
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ECCLESIASTICAL RECORDS
CLASSIS OF AMSTERDAM.
Acts of the Deputies. Rev. Kals. Rev. Frelinghuysen.
1734, April 5th. Brief notes of what occurred at Classis were reported, and executed by Revs. Deputies ad res Exteras, April 5, 1734. A letter was handed in from Rev. Conran. Rev. Kals asks and obtains a certificate that he is not under censure. Report of (or from) Rev. Frielinghuyzen. xxii. 257.
ACTS OF THE CLASSIS OF AMSTERDAM. Rev. Frelinghuysen.
1734, April 5th. The Rev. Deputati ad res Exteras had not yet obtained sufficient light upon (lit. sight into) the case of Rev. Frilinghuysen, to do anything. It still remains recommended to them. xi. 128.
COUNCIL JOURNAL OF NEW YORK.
1734, April 30, William Cosby, Governor.
An Act for granting to the people called Quakers, residing within this Province, the same privileges, benefits and indulgences, as by the laws and statutes now remaining in force in that part of Great Britain, called England, the people of that denomination are entitled unto within those dominions. Council Journal, 632. Read, Committed, 632. Passed, 633. Enacted, June 22, 636.
ACTS OF THE CLASSIS OF AMSTERDAM. Rev. Frelinghuysen.
1734, May 3rd. As before, the case of Rev. Frilinghuysen re- mains recommended to the Messrs. Deputati ad res Exteras, who have not yet received any further information in regard to it. xi. 132.
ECCLESIASTICAL CONVENTUS AT THE CAPE, ETC. ETC. (AND IN NEW NETHERLAND).
1734, May 3rd. Touching the erection of an ecclesiastical con- ventus at Gale, Drakenstein, and in New Netherland, the carry-
OF THE STATE OF NEW YORK.
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ing out of the resolution adopted by the Classis in that respect re- mains recommended to the Messrs. Deputati ad res Exteras. xi. 132.
REPRESENTATION OF THE SOCIETY FOR THE PROPAGATION OF THE
GOSPEL IN FOREIGN PARTS. MAY 10, 1734.
To the Right Honorable the Lords Commissioners for Trade and Plantations.
The Representation of the Society for the Propagation of the Gospel in Foreign Parts in behalf of themselves and of the Rev. Mr. Thomas Colgan their Missionary at the Parish of Jamaica in Queen's County in the Province of New York.
Sheweth That in the year 1693, the Assembly of New York passed an Act for settling a Ministry and raising a Maintenance for them in the City of New York, County of Richmond, Westchester and Queen's County; which Act (very truely) recited that prophaneness and licentiousness had then of late overspread the Province for want of a settled Ministry throughout the same; and to the end the same might be removed and the ordinances of God duely Administered, it was enacted: that there should be called, inducted and established a good sufficient protestant Minister, to officiate and have care of souls, within one year next after the publication of that Act, in the several parishes and places in the Act men- tioned, one of which was to have the care of Jamaica aforesaid and the adjacent Towns and Farms; and there should be annually, assessed, levyed collected and paid, for the maintenance of the said Minister of Jamaica, in Queen's County the sum of sixty pounds in Country produce, at money price. And directions were therein contained for laying a Tax on the Inhabitants yearly, in order to raise the said maintenance for the Minister; and the Church Wardens in their respective precincts, were to pay to the Minister the aforesaid maintenance by four equal quarterly payments under penalty of five pounds for each neglect, refusal or de- fault. And it was enacted that the respective Ministers that should be settled in the respective precincts therein before named, should be called to officiate in their respective precincts by the Vestry Men and Church Wardens.
That the said Act of Assembly received the Royal Confirmation on the 11th of May 1697.
That in the year 1703, The Assembly of New York passed another Act for the better explaining and more effectually putting in execution the forementioned Act, and thereby further provision was made for the laying a tax annually for the raising the maintenance for the Ministers; and it was enacted, that all the pay- ments that should there after be made and paid to the then Incumbents, and to every Incumbent who should there after be presented, instituted and Inducted, for the respective maintenances, should be made and paid to them in current money of the Province. And it was further enacted that the respective Vestry Men and Church Wardens for the time being or the Major part of them, whereof one Church Warden should always be one, should and were thereby impowered to call and present after the death of the several Incumbents, for ever, a good sufficient Protestant Minister within one year next after the Avoidance of any of the said places, which Ministers should respectively be instituted and inducted to the Churches and so as often as any of the said places became void.
Which last mentioned Act also received the Royal Confirmation upon the 30th of March 1704.
That the sixty pounds a year, whether in country produce or in New York money not being of itself a reasonable maintenance, for a good sufficient protestant Minister, the Vestry or Inhabitants of the said precinct of Jamaica and of several other places within the province of New York (where the allowances appointed by the said Acts of Assembly were as little or less) have applyed to the Society for the propagation of the Gospel to send over Missionaries from Great Brittain under salarys from the Society, which the Society have from time to time done, and the
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said Society on their parts do so far provide for their Missionaries that the annual allowances which they make to their several Missionaries, Schoolmasters, and Catechists within that province of New York amount to six hundred and thirty five pounds sterling a year; of which sixty five pounds a year is allowed by the Society to a Missionary and Schoolmaster in the precinct of Jamaica aforesaid. besides furnishing the Missionaries for their own and their parishoners use with Books and small Tracts. The said Society being always willing to assist such of the British Colonys as are desirous to contribute what they can on their parts to the maintenance of the protestant Ministers among them.
That some years since, the Society sent over Mr. Poyer as their Missionary to the said precinct or Parish of Jamaica, who continued there and received the appointment made by the Act of Assembly and the Society's additional salary, to the time of his death which happened about the Month of January 1731.
That upon or rather before the death of the said Mr. Poyer, the said Mr. Colgan was appointed by the Society their Missionary in his stead and he being in New York at Mr. Poyer's death officiated and performed the duty's of Minister in the said Parish of Jamaica from the month of June 1732 and is since inducted into. the Parish.
Notwithstanding which the Vestry did not pay him the said New York main- tenance but kept it back and the Assembly of New York have passed an Act (which was published the 1st of November 1733) to impower the Vestry of the parish of Jamaica in Queens County to dispose of sixty pounds now in hands of the Church Wardens of the said parish for the use and benefit of that Parish; which Act recites that after the death of Mr. Poyer late Minister of the said Parish, and before the induction of Mr. Colgan the present Minister thereof, there was raised in the said parish sixty pounds & paid to the Church Wardens and no person entitled to receive the money, and it lying useless to the inhabitants, there- fore it is enacted that the vestry of the said parish may receive the money from the Church Wardens and may apply it to such use and benefit of the Parish as they or the major part of them shall think fit.
That the Society conceives there are many irregularities as well as hardships in the said Act which they offer to your Lordships consideration as follows.
1. That of that year for which the sixty pounds mentioned in the last act was raised, the said Mr. Colgan had officiated above nine months as minister in the said Parish, and he has been since formally inducted there; and the ground of the Act now complained of, seems to be only this, that during that time though Mr. Colgan might officiate, yet he was not actually inducted, but the Society conceive that that is neither a true explanation of the former Act of Assembly (which have the words: " called and established, as well as inducted) nor is by any means grateful to the Society who sent and paid Mr. Colgan on their parts, nor yet just with regard to him, whose service the parish had had, to all intents as much as if he had been in form inducted.
2. The Society conceive that the Assembly of New York would not have con- sented to this Act, had it been fairly brought in and had all party's (particularly Mr. Colgan who is affected by it) been heard, but they are informed (and believe very truly) that this Act was brought into the Assembly and passed of a sudden in the absence of Mr. Colgan (whose parish is at some distance from the Assembly Town) and entirely unknown to him, who therefore had no possibility of opposing it there.
3. That as the former Acts had settled and dedicated this sum for the main- tenance of Ministers, admitting it might not belong to Mr. Colgan while he merely officiated as Minister, yet, so soon as he was actually inducted, the Society con- ceive the arrears since the former Incumbent's death belonged to him in point of Law, and he had all sorts of titles to it, having actually served the cure in his own person as aforesaid.
4. That as this maintenance was enacted by the Assembly of New York for the settlement of a Protestant Ministry and that they might have God's ordinance duely Administered among them, the Society conceive, it is not properly in the power of a future Assembly to alter the uses for which the settlement was given and intended, and to take away and apply it to any other uses.
5. The last consideration receives some addition from this, that the former Acts, which appointed this settlement and maintenance for the Minister for ever,
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OF THE STATE OF NEW YORK.
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received long since the Royal confirmation, but this last Act of the Assembly effectually repeals what the Crown itself has established, and yet, never takes the least notice of, or mentions those former Acts, wherefore the Society hope, though this be a single particular case, yet, being a precedent of such a very extraordinary nature, in so many respects, that it shall receive the greatest discouragement.
6. That It was sometime before the Assemblys of New York were induced to make the settlement before mentioned, and it may be feared, that if this present attempt should receive the least countenance it may be followed by others, even to the taking away and misapplying the whole Revenue and maintenance ap- pointed and established for the settling and maintaining a Protestant Ministry in the Province of New York forever.
Wherefore, upon the whole the said Society entreat Your Lordships to report the last Act of Assembly which is entituled: "An Act to impower the Vestry of the Parish of Jamaica in Queens County to dispose of sixty pounds now in the hands of the Church Wardens of the said Parish for the use and benefit of that Parish," to His Majesty for his disapprobation and disallowance.
Ferd. John Paris, for the Society.
May 10, 1734.
- Col. Hist. N. Y. Vol. vi. pp. 1-4.
ACTS OF THE CLASSIS OF AMSTERDAM.
Letter from Rev. Freiman.
1734, June 7th. A letter arrived while this Assembly was in session from Rev. Freeman, in reference to the case of Rev. Fre- linghuysen, written in New Netherland. This was placed in the hands of the Messrs. Deputies on foreign affairs, in order to ac- quaint this Assembly with its contents. xi. 135.
REV. MR. COLGAN TO THE SECRETARY OF SOCIETY FOR PROPAGAT- ING THE GOSPEL.
Jamaica June 14th, 1734.
Rev. Sir: I make use of an opportunity now offering, of a Ship bound from hence to London, for the conveyance of these lines to your hands, the design of which was to acquaint the Venerable Society, (as I am in duty bound), with the state of affairs relating to my Mission; but before I proceed herein, gratitude obliges me to return my humble thanks to them for their kind intercession with his Excellency, Coll. Cosby, our Governour, in my behalf, for his Mandate of Induction into the Parish of Jamaica; who, as he was pleased to grant, before their application to him, which is an enhancement of the favor, so I am under no less obligation to them for their granting me their assistance, when I petitioned them for it. My constant endeavour shall be by God's help always to deserve it.
Upon my first coming into the parish, I found the Church in a declining con- dition; the Quakers & Independents have been very busy to subvert, & by many studied arts & rules, utterly to destroy it. I may say the Christian Religion here - one of their strategems was to sue for an edifice wherein divine service was performed by Ministers of the Church of England near thirty years by pretence that they had a better right in it than the Church members; & this met with not a little success; for in suing Mr. Poyer, my predecessor, who being Defendant in the case, they upon a very odd turn in the trial, cast him. I'am informed that in this suit, the Counsel upon the part of the Church, always
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ECCLESIASTICAL RECORDS
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designed to put the matter on some points of the law which are clearly in the Church's favor; & accordingly in the time of trial, offered to demur in law, but was diverted therefrom by the late Chief Justice, Lewis Morris Esq., (before whom the trial was); who told them he would recommend it to the Jury to find a special verdict, and if they did not, but found generally & against the Church, he would then allow a new trial; which, after the jury had found a verdict against the Church, he absolutely refused when the Counsel for the Church laid claim to his promise, & strongly insisted upon the benefit thereof. I have been told by some of the Counsel for the Church that the only seeming reason he gave for his denial was, that a bad promise was better broke than kept, & thus an end was put to the controversy.
This matter of fact happening in the latter end of Mr. Poyer's days the touch- ing briefly thereon leads me to an account of what was consequent upon it & happened since my settlement in Jamaica. The people being destitute of a Church to perform their devotions to Almighty God, were forced to assemble together for three or four years in the Town house, a place very improper for divine service for many reasons that might be given, and so a great many were disheartened & discouraged from doing their duty on the Lord's day - In this condition I served them near upon two years & then the people here, (belonging to the Church), began to exert themselves to the uttermost of their abilities toward building them a new one but finding themselves unable to accomplish this under- taking, were obliged to apply to several well disposed Christians in this Province, from whom they received considerable helps; and in an extraordinary manner from his Excellency, our Governor, his Lady & family, who were pleased to favor us with their company at the opening of our new Church & then, to contribute largely towards the finishing it, which was no doubt one means whereby others were moved to do so likewise, so that now we have brought this building to such a degree of perfection, as that we perform divine service in it, tho' it is still far from being complete, and we are in great want of a bell; as the Clothes for our Pulpit, Reading Desk and Communion Table, with a large Bible, Common Prayer Book, and Surplice, we are furnished with those that are very decent and comely, by the Governors Lady, our great friend and patroness ---
Now our Church is in a flourishing state & by the blessing of God many are added to it; now we are at peace with those several Sectaries that are round about us, and I hope that by God's help peace will subsist amongst us.
To sow the seeds thereof shall be my endeavour to be of a loving charitable demeanor to all men of whatever persuasion in matters of Religion shall be (by God's help) my practice that so discharging my duty herein I may contribute my mite to the good of the Church of Christ, this is the promise of him who begs leave to subscribe himself etc., etc.
Thomas Colgan.
- Doc. Hist. N. Y. Vol. iii. pp. 190, 191.
REASONS OF GOVERNOR COSBY FOR REMOVING CHIEF JUSTICE MORRIS.
Reasons given by Colonel William Cosby for removing Mr. Lewis Morris from the place of Chief Justice at the Supreme Court of the Province of New York. June 19, 1734. (Disapproved, Nov. 26, 1735.)
Ecclesiastical Reasons.
My reasons for removal of Mr. Lewis Morris from the place of Chief Justice were:
On account of his notorious partiality in the administration of Justice of which are the following instances: Some years since the dissenters in the parish of Jamą in this Province brought an ejectment against the Church of England Minir, for the Church he preached in and was possessed of; when the tryall camn, the defendant's Council demurred to the plaintifs evidence: Mr. Morris the ief Justice desired them to wave the demurrer, telling them, that if the
OF THE STATE OF NEW YORK.
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Jury found for the plaintiff he would grant the Defendants a new Tryall. The Defendants Council were very unwilling to do it, but fearing the worst if they refused, they did consent and the Jury found for the plaintif. The Defendants Council moved the next term before Judgment for a new tryall and urged his promise, he denyed at first that he gave any, but when they offered to make oath of it, he said, a rash promise ought not to be kept, and never would grant them a new Tryall; whereby they lost their Church and the Dissenters have ever since had it.
- Col. Hist. N. Y. vi. p. 8.
CHARTER OF THE CHURCH OF SCHENECTADY, N. Y.
AUGUST 23, 1734.
I. NAME AND TITLE OF THE KING AND REFERENCE TO PETITION FOR A CHARTER.
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, etc. To all to whom these presents shall come, sendeth Greeting:
Whereas we have been informed by the humble petition of our loving Subjects Rinherdt Erickesen, John Berentse [Wemp], Gerrit Simonse Veeder, Simon Vroo- man, Robert Yaats, Sander Lansinck, Abraham Truax, Abraham Glen and Arent Samuelse Bradt, the present minister, Elders and Deacons of the Dutch Protes- tant Congregation in Schenectady, in our County of Albany, presented to our trusty and well beloved William Cosby, Esq., our Captain General and Governor in Chief of our Province of New York, New Jersey and Territories thereon depending in America, and Vice Admiral of the same and Coll' in our Army, that the said Minister, Elders and Deacons and the rest of the Communicants of the said Congregation
II. THEIR PROPERTY.
Have at their own charge built a New Church in the Town of Schenectady afore- said, and the same have dedicated to the Almighty God, but for the want of being incorporated they are not Capable of Receiving or accepting of such Donations as pious Designed Persons are or may be disposed to give unto them, or of Pur- chasing any Lands or Tenements for the use of said Church;
III. SECOND REFERENCE TO THEIR PETITION ; REQUEST FOR IN- CORPORATION FOR THE CONFIRMATION OF THEIR PROPERTY, AND THE FREE EXERCISE OF THEIR RELIGION.
Wherefore in their said humble petition they have likewise prayed our Letters Patent to Incorporate them and the rest of the Communicants of the said church into a body Politick and Corporate, in Deed, fact and name and Style of the Ministers, Elders and Deacons of the Reformed Protestant Dutch Church of Schenectady in the County of Albany, and thereby also to grant unto said Corpo- ration and their successors forever, the new Church aforesaid and the grounds whereon the same stands; and also to grant and secure unto them and their suc- cessors the free exercise and enjoyment of all their civil and Religious Rights, and the Liberty of Worshiping God according to Constitutions and Directions of the Reformed Church in Holland, approved and Instituted by the National Synod of Dort, which Petition we being Willing to grant, and being Willing in particular favor to the pious purposes of our Loving Subjects in free Exercise and Enjoy- ment of all their Civill and Religious Rights appertaining unto them in manner aforesaid as our Loving Subjects, and to preserve to them and their successors that Liberty of Worshipping God according to the Constitution and Directions aforesaid.
IV. REQUESTS GRANTED. NAME OF THE INCORPORATION.
Wherefore, know ye, that we of our especial Grace, certain knowledge and meer motion have ordained, Constituted and Declared and by these presents for us, our Heirs and successors do ordain, Constitute and Declare that they, the said
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ECCLESIASTICAL RECORDS
Minister, Elders and Deacons and the rest of the Communicants of the said new Dutch Church in Schenectady aforesaid, be and shall be from time to time and at all times forever hereafter, a body Corporate and Politick in Deed, fact and name, by the name of the Minister, Elders and Deacons of the Reformed Protestant Dutch Church of Schenectady in the County of Albany, and them and their suc- cessors by the name of the Minister, Elders and Deacons of the Reformed Pro- testant Dutch Church of Schenectady in the County of Albany, one body Corporate and Politick in Deed, fact and name, really and fully We do for us our Heirs and Successors erect, make, Constitute Declare and Create by these presents
And that by the same name they and their successors may and shall have per- petual succession, and shall and may be Persons able and Capable in the Law to Sue and be sued, to plead and be impleaded, to answer, and be answered, and Defend and be Defended in all and singular Suits, Causes, Quarrels, Matters Actions and things of what kind and nature so ever:
V. RIGHTS AND PRIVILEGES OF SAID CORPORATION.
1. Rights in Law.
And also that they and their successors (by the same name) be and shall be forever Capable and Able in Law to have, take, accept of, Acquire and purchase in fee and forever, or for Life or Lives, or for years, any messuages, buildings, Houses, Lands, Tenements, Hereditaments and real estate, and the same to Lease or Demise for one or more years, or to grant, alien, Bargain, Sell and dispose of for Life, or Lives or forever under certain yearly rents; and also to accept of, take, and possess and Purchase any Goods, Chattels, or Personal Estate and the same Lett, Sell or Dispose of at will and pleasure; and all this as fully as any other our Liege People, or any Corporation and body Politick within that part of our Kingdom of Great Brittain Called England, or this our Province, may Law- fully do :- Provided that such Messuages and real estate as they or their Suc- cessors shall have, or may be entitled to, shall not at any one time exceed the yearly Rent of Two hundred pounds Current Money of our said Province of New York, over and above the Church and ground on which the same is Erected, Built and stands :-
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