USA > New York > Ecclesiastical records, state of New York, Volume V > Part 43
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Fourthly: That we will deliver to his Rev. at his door as much fire-wood as he may need. This, the Church of Rochester promises to do alone.
Fifthly: That we will, yearly, and each year, pay his Rev. the sum of one hundred and five pounds, money current in the Providence of New York, in two installments a year, each half year an exact half : Marbletown (annually) forty-five pounds ; Rochester forty-five pounds ; Wawarsing fifteen pounds, each ; yearly and each year.
We, then, the Elders and Deacons of the said Churches, present this call to, and give it into the hands of the said Henricus Frielinghuysen, student of Sacred Theology, trusting that he will accept the same in the fear of the Lord; with our heartfelt prayer, that it may please Almighty God to bless abundantly his ministry among us, to His glory, and to the eternal happiness of many.
That in this, our action, we are sincere and of good intention, we show by setting thereto our hands and seals, on this 3rd day of December in the year of our Lord, one thousand seven hundred and fifty-three.
Frederick Schoonmaker
Jacobus Schoonmaker
Wessel Brodhead
John Schoonmaker
Louis Bevier
Jacobus Louw
Stephen Nottingham
Johannes Bevier
Thomas Sammen
E. de Witt
Solomon Van Wagemen
Isack Van Kampen
Moses de Nui
Gideon Louw.
Collatum Concordat, quod attestor,
Joh. Frielinghuysen.
This call was made at Keyseryck on day and date named above, as attested by Theodorus Frielinghuysen
Levi Pawling, Esq.
Barend Vroman, V. D. M. Johannes Hardenbergh.
COLONIAL LAWS OF NEW YORK.
Chapter 938. Dec. 12, 1753.
This is a Verbatim Repetition of the Act of July 4, 1753, for raising moneys by lottery for the erection of a College in New York. The same is again repeated, ver- batim, May 1, 1754, and Dec. 7, 1754.
It is thought unnecessary to repeat the identical phraseology. (See July 4, 1753.)
1753
3447
OF THE STATE OF NEW YORK.
REFORMED DUTCH CHURCH OF NEW YORK. Amendment to their Charter, Dec. 12, 1753.
Colonial Laws of New York. Chapter 950.
An Act to Enable the Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, to sell and dispose of their Lands, Tene- ments and Hereditaments, in the County of Westchester, commonly called and known by the name of the Manor of Fordham; and also for granting unto them Some Further Liberties and Privileges for the better Management of their Affairs and the well ordering or Governing of their Said Church. (Amendments to Charter or Act of Incorporation of May 11, 1696. See also Feb. 25, 1755.)
(Passed, December 12, 1753.)
WHEREAS, in the Articles of Surrender of this Colony by the Dutch in the year of our Lord One Thousand Six Hundred and Sixty four, it was Stipulated Consented and agreed unto, among other things, that the Dutch here Should Enjoy the Liberties of their Consciences in Divine Worship and Discipline, and their own Customes Con- cerning ther Inheritance :
And Whereas Cornelius Steenwyck late of the City of New York, Merchant, De- ceased, with Margarita, his wife, for the disposal of their Temporal Estates, did, According to the Usage and Customs of the Infancy of those times here used, Make their last Will and Testament in the Dutch Language under their hands and Seals, bearing date the Twentieth day of November One Thousand Six hundred and Eighty four ; and after the usual preamble, then also used in Wills, They did among other things Will and Express themselves to the following purport and Effect, (Videlicet) : "We, the Said Testators, do declare that our Earnest Will and last desire is, that the General Inheritance of us, the said Testators, and betwixt our Heirs, shall be regulated after the Form, Manner, Custom and Practice of the Nether Dutch Nation, and According to the Articles made upon the Surrendering of this Place : And I, the Said Testator, do hereby further declare, that I, the said Testator, with the free consent of my Said Wife, by form of Pre-legacy, have given, granted and Legacy'd, as I, the Said Testator, by form of Legacy, do give and grant by these Presents, for and to the proper use and behoof of the Nether Dutch Reformed Congregation, within the City of New York, for the support and Maintenancy of their Minister, ordained According to the Church Orders of the Netherlands, now at present here, in being, or hereafter To be Called, Ordained or to come, all the said Testators Right, property, Title and Hereditament in and to the Manor of Fordham, lying in the County of Westchester, together with all the Lands, Meadows, Fields, Wood- lands, Creeks, Rivulets and other Waters ; As also all the Said Testators Jurisdiction, Right, Title, Action and Property in and to the Said Manor of Fordham, with all the Patents, Deeds, Ceduls, Hipoteeks, Mortgages and other Instruments of Writ- ing, to the Said Manor of Fordham belonging or in any wise Appertaining, in as full and Ample Manner as the Said Manor of Fordham now already in Propriety, is belonging or hereafter More Amply Shall be confirmed unto the Said Testator, by Deed, Conveyance, Transport, Hipoteek, Mortgage, Judgment or otherwise, from or by any manner of Way or means of John Archer, deceased, last owner and Proprietor of the Said Manor of Fordham :
And I, the Said Testator, do further order and declare as my last Will and Testament, that the Said Manor of Fordham, together with all the benefits, Profits, Incomes, Advantages, Rents and Revenues, and all the Appurtenances thereof, Shall be Conveyed, Transported and Made over, in a free, Quiet and full property and Enjoyment, by the Testator's Appointed Executrix, within the Space of Six Months after the Testator's decease, or upon Lawful demand, to the Elders or overseers of the Said Nether Dutch Congregation, for the proper use and behoof of the Ministers of the Said Congregation as herebefore move at large is Exprest and Set forth ; for to be held in full propriety, Possession and Enjoyment, Inheritably and forever, by the Said Elders or overseers at the time of the Testator's decease, in being, and all others that from time to time Shall Succeed in their places, to the End and use as Aforesaid, without any the least hinderance, let or Contradiction of any Person or Persons whatsoever :
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ECCLESIASTICAL RECORDS
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PROVIDED ALWAYS that none of the Lands of the Said Manor may be made away, Alienated, Contrary to the Tenor of these Presents, or otherwise disposed of, but from thenceforth forever be and remain as Lands of Inheritance towards the Support and Maintenancey of the Minister of the Said Congregation as before is Exprest and Recited, and Not otherwise :
And finally I the Said Testator do hereby declare that I have Nominated, Appointed and Authorized my Aforementioned Dear and loving wife, Margarita Riemers, to be my only and Lawfull Executrix of this my last Will and Testament, giving and granting by these Presents UNTO my Said Wife as full and ample power and authority as all other Executors by Law have and do Enjoy, as in and by an English Translated Copy thereof, And the Said original Dutch Will, in the hands and Custody of the Said Minister, Elders and Deacons fully and at large appears."
Soon after the Making of which will the Said Cornelius Steenwyck Died, so Seized and Possessed of the Said Manor as Aforesaid: AND WHEREAS, Soon after the Death of the Said Cornelius Steenwyck, John Archer, the first Grantee of the Said Manor, by his Certain Indenture under his hand and Seal, Bearing date the six- teenth day of October One thousand Six hundred and Eighty five, for the Considera- tion therein mentioned, did Grant, Release & Convey the Said Manor of Fordham and all his Estate, Right and Title of, in and to the Same, and the Equity of Redemp- tion thereof, and all Deeds, unto the aforesaid Margarita Steenwyck, the Wife of the Aforementioned Cornelius Steenwyck, and made Livery and Seizin thereof, as by the Original Deed in the hands and custody of the Said Minister, Elders and Deacons, And the Record thereof in the County of Westchester Appears :
AND WHEREAS, the Said Margarita Steenwyck Afterwards Intermarried with Domine Henricus Selyns, Which Said Henricus Selyns and Margarita his wife, formerly Margarita Steenwyck, by their certain Deed, Poll, under their hands and Seals, bearing date the first day of January One thousand Six hundred and Ninety four, Reciting the Will of the Aforesaid Cornelius Steenwyck, and that the said Margarita was Executrix thereof, Did Grant, Resign and Convey in full and free property to the worthy Gentlemen, Colonel Nicholas Bayard, Captain Isaac Van Vlecque, Jacob Boelen Roelossen, and John Harpendinch, the then Elders and Overseers of the Nether Dutch Church within the City of New York Aforesaid, and to their Lawfull Successors or heirs and Posterity, the Said Manor of Fordham, Lying in the County of Westchester Above mentioned, with all the Lands, Meadows, Fields, Woods, Rivulets, Creeks and other Rivers, together with all the Right, Title, Property, Jurisdiction and Interest which either the Aforesaid Cornelius Steen- wyck or the Said Grantors, ether for themselves or in Quality as before, in any Manner of Ways before that time had to the Said Manor of Fordham, and its Appurtenances, whether it be by right from the said John Archer, JUNIOR, to be held and forever Enjoyed, used, Possessed and held in full and Absolute property as an Hereditary Estate, by the Said Elders and overseers of the Aforesaid Congre- gation who were then in being or thereafter Should from time to time become and be in being, with All Profits, Incomes, benefits and Revenues, for the better Support and Maintenance of the Said Minister Called Pursuant to the orders of the Church of Netherland, then present, or that should thereafter be Called and Come :
PROVIDED and with the Aforesaid Condition and Stipulation that the Said Manor, with its Appurtenances, Should in No wise be Alienated Nor Estranged Contrary to the Tenor of the Aforementioned Will and bequest, But Should remain to the use and behoof Aforesaid and not otherwise, Releasing therefore by the Said Deed all prop- erty, Title, Estate and Right, that the Said Grantors as Well for themselves or in Quality as above heretofore had to the Said Manor and its Appurtenances or then could or ought to have i nany Manner or Ways Whatsoever, as by the Said Indenture in the Hands and Custody of the said Minister, Elders and Deacons fully Appears : by Means whereof the Said Nicholas Bayard and the Rest of the then present Elders of the Said Dutch Church became Seized and possessed of the premises Aforesaid in Trust to the uses and purposes Aforesaid :
AND Whereas his late Majesty, King William the Third, of Glorious Memory, by his Charter or Letters Patent under the Great Seal of the Province of New York, bearing date the Eleventh day of May in the Year of our Lord One thousand Six hundred and Ninety Six, therein Reciting that his Said Majesty had been nformed by the Humble Petition of his loving subjects, the then Minister, Elders and Deacons of the Dutch Protestant Colngregation in the City of New York, presented to his said Majesty's then Governor, in Council, Setting forth that they and the Members
3449
OF THE STATE OF NEW YORK.
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of their Said Congregation had at their own charge, Built and Erected a Church within the City of New York, and the Same together with the Cemetery or Church- yard thereunto Adjoyning, had Dedicated to the Service of God, and that they were, among other things, Seized in their Demense as of fee, in Right of their Said Church, of and in the Said Church and divers Messuages, Buildings, Lands, Tene- ments and Hereditaments, and Also of and in a certain Manor commonly called and known by the Name of the Manor of Fordham, lying and being in the County of Westchester to the Eastward of Harlem River near unto Kings Bridge, as Also of and in a Certain parcell of Meadow, Number one, Scituate, lying and being on Said Harlem River, near the Said Manor of Fordham, beginning in the middle of a point to the North of Cregiers house, beyond or Above the Small Cove that lies Above the Said House, and Southwest in Harlem River, and Extends further Northward to the High Way where the Wooden Bridge lies :
And that in their said Petition they Prayed his Said Majesty's Grant and Con- firmation of all and every the premises, and that he would be graciously pleased to make them and their Successors forever Capable in the law to hold and Enjoy the Same, by Incorporating them ; And that in Consideration thereof his Said Majesty as well being Willing in Particular favour to their Pious purposes, and to Secure them and their Successors in the free Exercise and Enjoyment of all their Sivil and Religious Rights, and to preserve them and their Successors that liberty of Worship- ing God according to the Constitutions and directions of the Reformed Churches in Holland, approved and Instituted by the National Synod of Dort, did thereby In- corporate them and grant unto them and their Successors, free liberty of holding and Enjoying the premises, Exercising their Said Religion and Manner of Worship :
And also power to have, take, possess, Acquire and Purchase Lands, Tenements and Hereditaments, or any Goods or Chattles, and the Same to Lease, Grant, Demise, Alien, Bargain, Sell and dispose of at their own Will and Pleasure, as other his Majesty's leige People or any other Corporation or Body Politick within the Realm of England or this Province of New York may lawfully do, over and Above the Rents, Lands, Tenements, Messuages, Manors and Hereditaments thereby Settled on the Said Corporation and their Successors, not exceeding the yearly Value of Two Hun- dred Pounds, Current Money of New York.
And for the better ordering and Well managing the Affairs of their Said Corpora- tion there Should be Four Elders and Four Deacons from time to time Constituted, Elected and Chosen, out of the Members of the Said Dutch Church Inhabiting within the City of New York for the time being, in such manner and form as is therein Mentioned, As in and by the Said in part Recited Charter or Letters Patent, the Original of which is Now in the hands and Custody of the Said Minister, Elders and Deacons : And it is also Remaining of Record in the Secretary's office of the Province of New York, By means whereof, and of all AND Singular the premises Aforesaid, the Said Minister, Elders and Deacons became Seized and Possessed of the Said Manor and Premises, and have Accordingly held, used and possessed the Same, and as yet do, And by Virtue thereof hold and Enjoy the Same, and Receive and take the Rents, Issues and Profits thereof Accordingly :
AND WHEREAS the Congregation of the Said Reformed Protestant Dutch Church is now, and for many Years past hath been greatly Increased, and become Vastly Numerous, insomuch that they have been Obliged to Build one other large Church in the City of New York which is Commonly Called and Known by the Name of the New Dutch Church ; by means whereof they have been obliged to Retain and keep a greater Number of Ministers, Generally three, and Some times four, to perform Divine Service in their Said Churches, and to be at a further Considerable Expense in Retaining other Officers, as Clerks, Sextons and otherwise, So that their Annual Expences is now Very Considerably Increased :
AND WHEREAS the Said Manor hath been a Continual Charge and Expence, and the annual Rents and Incomes thereof are but Inconsiderable, and have fallen greatly Short in Answering the Ends proposed thereout, to Support the Ministers of the Said Churches ; And Whereas it is Conceived that the Value of the Lands and Farms of the Said Manor will from the Continual Waste of the Timber and Im- poverishing the Groud by the Tenants, who have but Small Farmes, rather Diminish than Increase in Value, and that if the Same Could be Sold, the Moneys Arising by Such Sale could be disposed of in Purchasing and Improving other Lands and Real Estate, for the use and benefit of the Said Church, which would much better answer the Pious designs of the Donor towards providing for a Maintenance for the Minis-
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ECCLESIASTICAL RECORDS
1753
ters of the Said Church : But Some Doubt and dispute having arisen about the Construction of the Will of the Said Cornelius Steenwyck, and the Several mesne Conveyance as Aforesaid, under the Same, whether the Said Ministers, Elders and Deacons are fully Vested with and can legally Sell and dispose of the Same, without the aid of an Act for that purpose :
Therefore, to Avoid all doubts and Scruples of that Nature, they have by their humble Petition to the General Assembly Prayed leave to bring in a Bill to Enable them to sell and dispose of their Said Manor and other the purposes therein Men- tioned :
AND WHEREAS proof hath been made before his Honour, the Lieutenant Gover- nour in Council, and Entered in the Council Book, that Publick Notifications of the Said Petitioner's intentions to Apply for this Act, have been made in the Parish of Westchester where the premises lie for three Sundays and more, Successively, before the Presentation of their Said Petition Pursuant to his Majesty's Royal Instructions for that purpose : AND WHEREAS the Said Dutch Church was one of the first, and upon the Surrender of the Government, the only National Church in the Province, and the Congregation thereof have Always distinguished themselves as Dutifull and loyal Subjects to his Majesty, and Lived peacefully and paid due Submission to the Government and the laws of the Province ; and being one of the Most Considerable Congregations here, The General Assembly Conceive it highly Reasonable to give them all Suitable Encouragement in the premises and in the Secure Enjoyment of all their Religious Rights and Privileges.
BE IT THEREFORE Enacted by his Honor, the Lieutenant Governor, the Council and the General Assembly, and it is hereby Enacted by the Authority of the Same, that from and After the Publication hereof, it Shall and may be lawfull to and for the Ministers, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, or their Successors, to Grant, Bargain and Sell the Said Lands, Tenements and Premises, called the Manor of Fordham, in the County of Westchester, herein before particularly Mentioned, with the Meadows, Hereditaments and Appurtenances thereunto belonging, either in particular Parcells or altogether, to any Person or Persons whatsoever, and to and for Such Sum or Sums of Money as they Shall think proper and Agree for, either at publick or private Sale or Sales ; and upon Such Sale or Sales, to make, Give and Execute to the Purchaser or Pur- chasers thereof, good and Sufficient Deeds and Conveyances in the Law under their Corporation Seal, Which Sale and Sales So to be made, is and Shall be deemed and adjudged good and effectual in the Law, to all Intents, Constructions and Purposes Whatsoever, and as if the Same had been actually Vested in them, and as if they were Actually Seized of and in the Said Manor of an Absolute Estate in fee Simple, or Inheritance, by Virtue of the Will of the Aforesaid Cornelius Steenwyck, or the HEREIN before Mentioned Deed from the Said Henricus Selyns and Margarita his wife, to the Said Colonel Nicholas Bayard, Captain Isaac Van Vlecque, Jacob Boelen Roelossen and John Harpendinch or either of them, or by any other ways or Means Whatsoever, and as if the Same had Never been Appropriated by the Said Cornelius Steenwyck and Margarita his Wife, or either of them, to any other use or purpose : which Lands So Sold, and every or any part or Parcell thereof Shall be and Remain to the Purchaser and Purchasers thereof and to his her or their Heirs and Assigns for Ever.
AND be it further enacted by the Authority Aforesaid, that the Moneys arising by such Sale and Sales Shall not be disposed of to any Secular use, but the Same Shall be Expended and used in Purchasing or improving Lands and other Real Estate, in order to Secure a better and more larger Annual Revenue or income, towards Supporting and Maintaining of the Said Dutch Minister or Ministers of the Said Dutch Churches and Congregations as near as may be Agreeable to the Will and Intention of the Said Cornelius Steenwyck.
And to the end the Said Minister, Elders and Deacons may be Secure in the free Enjoyment of their Religious Rights and Privileges, and be the better enabled to Manage the Affairs and Business of their Several Churches and Congregations, BE IT FURTHER ENACTED By the Authority Aforesaid, that the herein before Mentioned Charter, or Letters Patent of Incorporation, so as Aforesaid Made and given unto them by his late Majesty King William the third, and Every Article, Matter, Clause, Power, Privileges and things therein contained, are hereby Enacted, Given, Granted, Approved, Ratified and Confirmed, according to the true Intent and Meaning thereof, and the words therein contained, and that as fully, Amply and Effectually as if
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OF THE STATE OF NEW YORK.
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the Same were herein Repeated ; and that the Said Ministers, Elders and Deacons Shall by Virtue thereof have the care, Management and Inspection of both the Said Churches and Such others as they may hereafter think proper to Build and provide for the Ministers and Officers thereof, and have full power and Authority for the due and Regular Ordering and Managing the Affairs of their Said Churches on the days and TIMES of Election appointed by their Charter, and according to their usual Custom and Practice, to Elect, Chuse and appoint Such a further and greater Number of Elders, Deacons and other officers, as Shall be necessary, Needful and Convenient for the purpose, which Same Elders and Deacons or other officers So to be Elected Chosen and Appointed from time to time are hereby Added to and declared to be part of the Said Body Politick, and Shall have full power and Authority to Act in their Respective Stations in Conjunction with them, as if they had been Particularly Named and Appointed in and by the Said Charter or Letters Patent of Incorporation, which they are to Observe and Govern themselves by, according to the true Intent and Meaning hereof.
AND be it further Enacted by the Authority Aforesaid, That over and Above the Sum or yearly Rent of Two hundred Pounds per Annum, Mentioned in the Said Charter or Letters Patent of Incorporation, that the Said Ministers, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York and their Successors forever, by the Name Aforesaid from henceforth forever have and Shall have full power and Right and Lawfull Authority to have, Take, Receive, Acquire and Purchase and use and Enjoy, Lands Tenements and Hereditaments Goods and Chattles and to Demise Lease and improve the Said Lands Tenements and Hereditaments and use and improve Such Goods and Chattles to the benefit of the said Church and other Pious uses, Not Exceeding One Thousand Pounds Sterling, Yearly Rent or Income, any Law Usage or Custom to the Contrary hereof in any Wise Notwithstanding : And it Shall and may be Lawfull for the Said Minister, Elders and Deacons and their Successors to Amend and Adorn their Said Churches, alter, Enlarge or Amend the Same or any part, And also to Purchase or Build more Churches, Convenient Houses and Gardens, for their Ministers and other Officers for the time being, and to Amend and Repair the Same as Occasion may Require, PRO- VIDED ALWAYS that this Act nor anything therein Contained Shall be of Force until his most Sacred Majesty Shall be Graciously pleased to give his Royall assent thereunto.
PROVIDED ALLSO that Nothing herein before Contained Shall be Constreued or taken to Bar the Right or Claim of his Majesty, his heirs or Successors, or and Body Politick or Corporate, of in or to the Said Manor or any part or parcell thereof, but that the same be hereby Saved and Reserved unto them Respectively and that the just Right and Pretention of all and every other Person or Persons whatsoever, of in or to the Same or any part thereof, be and hereby is Also saved and Reserved to them, Except the aforesaid Cornelius Steenwyck and Margarita his wife, Henricus Selyns and Margarita his Wife, Colonel Nicholas Bayard, Captain Isaac Van Vlecque, Jacob Boelen Roelessen and John Harpendinch and every of them and all Persons claiming by from or under them or any of them .- Colonial Laws of New York, Vol. iii. pp. 983-992.
See original Charter, Vol. ii, page 1136 and following, of this Work.
THE CHURCH OF NEW YORK. MANOR OF FORDHAM. (DEC.
1753 ?)
To the Hon. James De Lancey, Lieutenant Governor and Commander in Chief in and over the Province of New York, and Territories depending thereon in America: The Humble Address of the Ministers, Elders and Deacons of the Reformed Protestant Dutch Churches of the City of New York. May it please your Honor:
We the Ministers, Elders and Deacons of the Reformed Protestant Dutch Churches of the City of New York, beg leave to express the grateful sense we have of your Honor's ready disposition to promote the interest of our churches, and to return your Honor our most hearty thanks for your assent to an Act passed the last ses- sion, to enable us to sell and dispose of our lands, tenements and hereditaments in the County of Westchester, commonly called and known by the name of the Manor
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