USA > New York > Westchester County > History of the Protestant Episcopal Church, in the county of Westchester, from its foundation, 1693, to 1853 > Part 41
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ces. And we do ordain and declare that as well the churchwardens and vestry- men by these presents nominated and constituted, as such as shall from time to time hereafter be elected and appointed, shall have, and they are hereby invested with full power and authority to execute and perform their several and respective offices, in as full and ample manner as any churchwardens or vestrymen in that part of our kingdom of Great Britain called England, or in our province of New York, have or lawfully may or can do, and if it shall happen that any or either of the churchwardens or vestrymen by these presents named and appointed, or hereafter to be elected and chosen, shall die or remove, or refuse or neglect to officiate in the said respective offices before their or either of their appointed time of service therein be expired, then and in every such case it shall and may be lawful to and for the said minister and members in communion with said church at New Rochelle aforesaid, for the time being, or the major part of such of them as shall assemble together for that purpose at the said church, at some day within a month next after such death, removal, refusal or neglect, to be appointed by the minister and churchwardens for the time being, or any two of them, to proceed in manner aforesaid, and make a new election and appointment of one or more of their members for the time being, to supply the room or place of such person or persons so dying, removing, refusing or neglecting to act in his and their respective office and offices as aforesaid, and so as often as shall be needful and requisite. And for the due and orderly conducting and carrying on the respective election of churchwardens and vestrymen by these presents estab- lished and ordained, our will and pleasure is, and We do declare and direct that the minister of the said church for the time being, shall give public notice there- of from time to time, as they may become necessary, and are hereby appointed, by publishing the same at the said church immediately after divine service on the Sunday next preceeding the day appointed for such elections. And furthermore We do will, and by these presents for us, our heirs and successors, ordain, appoint and direct that the minister and churchwardens of the said church for the time being, or any two of them, shall and may from time to time, upon all occasions assemble and call together the said minister, churchwardens and vestrymen for the time being, or the greater number of them, the said vestrymen ; which said minister and churchwardens, or any two of them, together with the said vestry- men, or the major part of them, shall be and by these presents are authorized and empowered to consult, advise and consider, and by a majority of voices to do, di- rect, manage, transact and carry on the interests, business and affairs of the said church, and to hold vestries for that purpose. And We do further give and grant unto the said minister and members of Trinity Church at New Rochelle in the county of Westchester aforesaid, and to their successors forever, that the min- ister and churchwardens of the said church for the time being, or any two of them, together with the vestrymen of the said church for the time being, or the major part of them in vestry assembled, shall have full power and authority from time to time, and at all times hereafter, to make, ordain and constitute such rules, orders and ordinances for the good discipline and government of the members of said church and corporation and interests thereof, as they, or the major part of them, shall think fit and necessary, so as such rules, orders and ordinances be not
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repugnant to the laws of that part of our kingdom of Great Britain called England, or our province of New York, or the present or future canons of the Church of England, as by law established, but as near as may be agreeable thereto, which rules, orders and ordinances shall be from time to time fairly entered in a book or books to be kept for that purpose. And further our will and pleasure is that it shall and may be lawful for the minister and churchwardens of the said church or any two of them, and the said vestrymen, or the major part of them, at a vestry to nominate and appoint a clerk and a sexton or bell-ringer for the said church, and also a clerk and messenger to serve the said vestry at their meetings, and such other under officers as they shall stand in need of, to remain in their re- spective offices, so long as the said minister, churchwardens and vestrymen for the time being, or the major part of them, shall think fit and appoint. And further We do for us, our heirs and successors, declare and grant that the patronage, advowson, donation or presentation of and to the said church shall appertain and belong to, and is hereby vested in the churchwardens and vestrymen of the said church for the time being, and their successors for ever or the major part of them, whereof one churchwarden shall always be one; provided always, that whenever the said church becomes vacant, such donation and presentation shall be made within six months thereafter. And that on every lapse or default herein, the right of such donation and representation shall be in us our heirs and successors ; and further know ye, that we of our especial grace, certain knowledge, and mere mo- tion, have given, granted, ratified and confirmed, and by these presents do for us, our heirs and successors, give, grant, ratify and confirm unto the said minister and members of Trinity Church at New Rochelle, in the county of Westchester afore- said, and their successors for ever, all that the said church and ground on which the same stands, and the cemetery belonging to the same, and also all that the before mentioned tract of one hundred acres of land situated and being within the township of New Rochelle aforesaid, so by the beforementioned John Pell, formerly given and granted to the aforesaid Jacob Leisler, for the use of the French Church erected, or then to be erected by the inhabitants of the township of New Rochelle, or by their assigns as hereinbefore is recited and set forth, together with the hereditaments and appurtenances to the same belonging or appertaining, to have and to hold all and singular the premises aforesaid, with the appurtenances unto them, the said Minister and members of Trinity Church at New Rochelle, in the county of Weschester aforesaid, and their successors, to their only proper use and behoof forever, to be hold- en of us, our heirs and successors, in free and common soceage, as of our manor of East Greenwich in the county of Kent, within that part of our Kingdom of Great Britain, called England, yielding, rendering, and paying therefor unto us, our heirs and successors, yearly and every year forever, on the feast day of the Annunciation of the blessed Virgin Mary, at our City of New York, unto our or their Reciever- General there, for the time being, the annual rent of one peppercorn, if demanded, in lieu and stead of all other rents, dues, duties, services, claims, and demands what_ soever, for the premises. And lastly, we do, for us, our heirs and successors, ordain and grant unto the said minister and members of Trinity Church at New Rochelle in the county of Westchester aforesaid, and their successors, by these presents that this our graut shall be firm, good, effectual and available in all things in the law, to
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all intents, constructions and purposes whatsoever, according to our true intent and meaning herein before declared, and shall bo construed, reputed and adjudged in all cases and causes most favorably on the behalf and for the best benefit and advantage of the said minister and members of Trinity Church at New Rochelle in the county of Westchester aforesaid, and their successors, although express mention of the yearly value, or certainty of the premises or any of them, in these presents is er are not made any matter, cause or thing to the contrary thereof in anywise notwith- standing. In testimony whereof we have caused these our letters to be made patent, and the great seal of our said Province of New York to be affixed, and the same to be entered on record, in our Secretary's Office of our said Province, in one of the books of patents there remaining. Witness our said trusty and well beloved Cad- wallader Colden, Esquire, our Lieutenant Governor and Commander-in-chief of our Province of New York, and the territories depending thereon in America, at our Fort George in our City of New York, the second day of June, in the year of our Lord, one Thousand Seven Hundred and Sixty-two, and of our reign the second .- All of which we have exemplified by these presents. In testimony whereof we have caused these our lettors to be made patent and the great seal of our said State to be hereunto affixed. Witness our trusty and well beloved George Clinton, Esquire, Governor of our said State, General and Commander-in-chief_of all the militia and admiral of the navy of the same, at our City of New York, the fourteenth day of February, in the year of our Lord one thousand, seven hundred and ninety-three, and in the seventeenth year of our independence.""
The subjoined letter of Mr. Houdin to the Secretary, shows the unlawful method taken by the Calvanists to obtain posses- sion of the Church glebe :-
MR. HOUDIN TO THE SECRETARY. " New Rochelle, Oct. 10th, 1763.
REV'D SIR,
I received your kind letter some time last summer, in which you acquaint me the Venerable Society is desirous to be acquainted with our troubles. To give you a true account I must come up to the first establishment of New Rochelle. One Jacob Leisler made a purchase of John Pell for the French Refugees of a tract of land (called since, New Rochelle) of 6000 acres of land, and in the said deed it is said that John Pell and Rachel his wife, do also give one hundred acres of land more for a French Church erected or to be erected, by the inhabitants of the said tract of land or their assigns. The French
· Hist. of Westchester County, vol. ii. p. 413.
30
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HISTORY OF THE PARISH
Refugees took possession of these 100 acres of land from the beginning and did possess the same until the year 1709, the time when upon the representation of their minister, the whole Congregation, excepting two or three families, conformed to the Church of England, and kept from that time possession of the church and land until my coming here, when they made appear a deed, given by the son of Jacob Leisler, in which the two op- ponents to the conformity of the Church are made trustees of the land, and Mr. Pell's deed altered in such a manner, for a French church who shall perform Divine service according to the French Calvanists of the old French, and that deed bearing date four months after the conformity of our Church; and up- on such title, the Calvanists at my arrival here debauched our tenants, who took leases under them, and by that keep us out of our possession. Upon which the churchwardens applied to a lawyer for advice, and upon mature consideration it was found that John Pell who had given the land for a French church, erected or to be erected by the inhabitants of the said tract of land or their assigns, had never divested himself of the legal right of the said 100 acres of land. These considered, our churchwardens applied to the Executors of the heir at law of said Pell, who have released all the right of Pell to the church for £100, the executors having power to sell by the will of the present heir's father. With this title, joined to fifty-three years possession, our churchwardens did serve three ejectments up- on the three tenants, and the Calvanists entered defendants, and on the 15th day of September last we had a trial at the Su- preme Court, when the Jury brought their verdict in favor of our Church, upon which the attorneys of the Calvanists party offered a bill of exception : so that we must wait the issue of said bill at the Supreme Court at New-York, to be held the 18th day of this inst. Wehave to deal with very stubborn and litigious people, which make me afraid they will not be contented before they have brought us before all the different tribunals, and by that means deprive me of all the benefits of the land, which causes me a great prejudice. The congregation is very unan- imous and in good harmony, ready to defend their right to the
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last, seeing the Calvanists will not agree upon any terms of peace proposed to them by our Church, but we are in hope the strong bleeding of their purse will bring them to an agreement after New-York Court.
Reverend Sir, yours, &c.,
Michael Hodin.
The release, alluded to in the above letter, was given on the 2nd of February, 1763, and is as follows :-
RELEASE OF CHURCH GLEBE, FROM EXECUTORS OF JOSEPH PELL . TO DAVID GUION.
" THIS INDENTURE, made the second day of February, in the third year of the reign of our Sovereign Lord, King George the Third, Annoqs Dom. one thousand seven hundred and sixty-three, between Phebe Pell, widow, and Samuel Sneden and Jacobus Bleecker Esqs., all of the County of Westchester, Executors, with power to sell of the last will and testament of Joseph Pell Esqr., late of the manor of Pel- ham, in the County of Westchester aforesaid, deceased, of the one part, and Da- vid Guion of New Rochelle in the said County of Westchester, on the other part. WHEREAS, John Pell, formerly proprietor of the said Manor of Pelham was seized in fee of six thousand one hundred acres of land, part of the said Manor of Pelham, and being so seized did sell the said six thousand acres of land to one Jacob Leisler,
and did set apart the said remaining one hundred acres of land for the use of the French Church, erected or to be erected by the inhabitants of the said six thousand acres called New Rochelle. But the said John Pell never did dispose or divest him- self of the legal estate and right in and to the said one hundred acres of land. AND WHEREAS, the said John Pell afterwards died intestate and left Thomas Pell his el- dest son and heir at law, by means whereof the inheritance and legal right to the said one hundred acres of land became vested in him, the said Thomas: AND WHEREAS, the said Thomas Pell on the Third day of September in the year of our Lord one thousand seven hundred and thirty nine, did in due form of law make his last will and testament, and therein, and thereby, after several specific legacies, and after declareing that his other sons had received their shares and proportions out of his estate, did give and bequeath unto his son Joseph Pell, in fee simple, all and singular his land, meadows, houses, tenements, buildings and so forth, which then belonged unto him, by means whereof the legal right and estate in and to tho said one hundred acres of land became vested in him the said Joseph Pell Jun. AND WHEREAS, the said Joseph Pell on the thirty first day of August in the year of our Lord one thousand seven hundred and fifty-two, did make his last will and testament
· New York, MSS. from archives at Fulham, vol. ii. pp. 325, 326. (Hawks.) ]
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and thereof did ordain and constitute his wife, the aforesaid Phebe Pell, and his friend John Bartow, (who hath since legally renounced the same) and the said Samuel Sneden and Jacobus Bleecker, parties to these presents to be Executors, and did thereby give and graut unto them his full power, strength and authority in and over all his goods, chattels, lands and tenements, to take and use all lawful ways for the recovery and defence of the same against any encroachments, depredations, claims or demands of any person or persons whatsoever, and did likewise impower them if there should be any need thereof, to sell any part of his lands as to them should seem meet to enable them to carry ou any suito for the defence of the rest. AND WHEREAS, after the decease of the said Joseph Pell, a certain fraudulent deed was so exhibited and set up, by which one Caleb Pell, a brother of the said Joseph, did claim the chief part of the real estate of him the said Joseph Pell as the gift of him the said Thomas Pell, the father to him the said Caleb Pell. AND WHEREAS, they, the said executors of the said Joseph Pell, parties hereto of the first part in conse- quence of the said claim were obliged to lay out and expend divers large and con- siderable sums of money to defend and secure the estate of the said Joseph Pell against the same, and there still remains due upon that account one hundred pounds, which they have been obliged to borrow and take up at interest, and they the said parties of the first part, in order to discharge and satisfy the same, do find it neces- sary to dispose of part of the real estate of their said testator and have according- ly agreed to grant and release all the right and title of their said testator in and to the said one hundred acres of land before mentioned and hereafter described for the consideration thereafter mentioned to him the said David Guion. Now THEREFORE THIS INDENTURE witnesseth, that they the said par- ties of the first part, in pursuance and by virtue of the power and authority in them reposed and to them given by their testator for and in consideration of the sum of one hundred pounds current money of the province of New-York, to them in hand paid by the said David Guion, at or before the ensealing and delivery of these presents, the receipt whereof they do hereby acknowledge and themselves therewith to be fully satisfied, contented and paid and thereof do acquit, release and discharge the said David Guion, his executors, administrators and assigns, by these presents, HAVE GRANTED, BARGAINED, SOLD, ALIENED, RELEASED and CONFIRM- ED, and by these presents Do GRANT, BARGAIN, SELL, ALIEN, RELEASE and CONFIRM unto the said David Guion in his actual profession, now being by virtue of a bargain, sale and lease for one year to him thereof made by the said parties of the first part, by Indenture bearing date the day next before the day of the date hereof and also by force of the statute made for transferring of uses into possession and to his heirs and assigns for ever, ALL THAT certain tract or parcel of land, situate, lying and be- ing in the said township of New Rochelle, commonly called and known by the name of the GLEBE, beginning at the Creek or salt water, thence running north-westerly by the road that runs between the land of Benjamin Brown and the tract hereby granted to the fresh meadow. Westerly by the road that runs along the said mead- ow, south-easterly by the land now in the possession of John Arnaud, which wa- bought out of the commons. Easterly by the Creek or Salt Water, to the place where it first began, containing one hundred acres, be the same more or less.
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Together with all and singular the PROFITS, PRIVILIGES, ADVANTAGES, IMMOLUMENTS, RIGHTS, MEMBERS, IMMUNITIES, LIBERTIES, BUILDINGS, IMPROVEMENTS, HERED- ITAMENTS and APPURTENANCES whatsoever, to the same belonging or in anywise appertaining. AND ALL the ESTATE, RIGHT TITLE, PROFIT, POSSESSION, REVERSION, LAIM and DEMAND Whatsoever, which he, the said Joseph Pell, at the time of his death had, or which they the said parties of the first part, by Virtue of his last will and testament have, of, in or to the same. To HAVE and to HOLD the said premises hereby granted or mentioned, or intended to be hereby granted unte the said David Guion, his heirs and assigns, to the only proper use and behoef of him the said David Guion, his heirs and assigns forever, in as full and ample manner to all intents and purposes, as he the said Joseph Pell, in his life time held and enjoy- ed the same and not otherwise. In WITNESS WHEREOF, the parties to these presents have hercunto, interchangeably set their hands and seals, the day and year first above written.
Sealed and delivered in the presence of us,
MARY PELL, DAVID LISPENARD, PHEBE PELL, SAMUEL SNEDEN, JACOBUS BLEECKER.""
On the fourth day of February, 1763, David Guion released the same to the minister and members of Trinity Church, New Rochelle, for the sum of £100.
" Isaac Guion, Peter Flandreau, Samuel Gelliott b and Mag- dalen Stoup, (sole executrix and heir of the last will and testa- ment of ye Reverent Peter Stoup of New Rochelle, in the Coun- ty of Westchester and province of New-York, late deceased,) also gave releases to the Church in 1767." c
* Book of Records, County Clerk's Office, Lib. H. pp. 342, 345.
Upon the 31st of Oct. 1767, Peter Flandreau and Samuel Gelliott, released to the ministers and members of Trinity Church at New Rochelle, " all that certain 100 acres of land, &c., which was given and granted by John Pell and Rachel his wife, by deed poll dated 20th of September, 1689, for the French Church, alse granted by the said deed poll (excepting and reserving herecut a certain messuage and dwelling house wherein James Flandreau new lives, and also about two acres of ground ly- ing on the east side of the main road in New Rochelle town aferesaid, which the said Peter Flandreau holds by virtue of a title derived under Mrs. Morin, and also excepting hereout one acre of ground more, lying on the west side of the said two acres and adjoining therete and being bounded on a creek and also by a public high. way leading from the said creek and which divides the aforesaid 100 acres of land from the lands of Benjamin Brewne,) and of, in and to all, &c." County Rec- ords, Lib. H. p. 350.
· Co. Rec. Lib. G. pp. 554, 556. See also Lib. H. 349.
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The old Church glebe was sold during the years 1800 and 1804, and the purchase money subsequently loaned on the pres- ent parsonage lands, &c., which fell to the church by a foreclo- sure of the mortgage in Chancery, A. D., 1821.
The Rev. Michael Houdin continued his labors here until Oc- tober, 1766, when he departed this life. He was esteemed a worthy missionary, of considerable learning and irreproachable morals. His remains were interred by the side of his prede- cessors, Bondet and Stouppe, beneath the chancel of the old French church, but since the removal of this edifice, the ashes of these worthy and laborious missionaries repose in the high- way, without a stone to mark the spot or commemorate their worth.
Mr. Houdin's funeral sermon was preached by his old friend and companion in arms, the Rev. Harry Munro, A. M., of Yon- kers, from Hosea, iv chap. and part of 12th verse, "Prepare to meet thy God."
The following extract is from a letter of the Rev. Mr. Auch- muty to the Secretary of the Venerable Society, written a few days after Houdin's death :-
"I beg the Society will not think of appointing another miss- ionary to New Rochelle at present, the people really do not deserve one; not one farthing did they contribute towards the support of the two last, besides they are too small a number to be indulged with a minister to themselves, and are distant from Eastchester church only four miles, from Westchester five, from Rye church five, and from Philipsburgh church nine miles." a
From the death of Mr. Houdin until the period of the Revo- lutionary War, services were performed here by the Rev. Sam- uel Seabury, rector of the parish. The following extract, rela- ting to New Rochelle, occurs in Mr. Seabury's first report to the Secretary on the 25th of June, 1767 :-
"By the death of Mr. Houdin, New Rochelle has fallen un- der my care for the present; I have preached there several
· New York, MSS. from archives at Fulham, vol. ii. (Hawks.)
1
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times, and once administered the communion to fifteen commu- nicants. The congregation consists of near two hundred peo- ple, decent and well behaved, part English and part French. The French all understand English tolerably well ; and except half a dozen old people in whose hands is the chief management of affairs, full as well as they do French. The greatest part of them would prefer an English to a French minister ; and none are warm for a French one, but the half dozen above mentioned.
They had a glebe of near one hundred acres of land left them formerly, thirty acres of which they have recovered ; the rest is kept from them under pretence that it was given to a Presbyterian or Calvanistic French Church. They have also a parsonage house, but whether these endowments are so made, that an English minister could not enjoy them, I cannot yet learn. New Rochelle is seven miles from this place, three from Eastchester, eight from Rye and perhaps about that distance from Philipsburgh. I have been thus particular, that the Soci- ety may be able to judge whether it is expedient for them to send another missionary to New Rochelle or not. Dr. Auchmuty has informed me that he has wrote to the Society upon this subject, and I find it is his opinion that a missionary is less necessary there than in many other places where they have none. If the Society should decline sending a missionary there I could attend them in summer, every other Sunday, in the morning, and be at Eastchester in the afternoon, and in winter every fourth Sun- day, and indeed these churches are so near that most of the peo- ple might attend at either. I would not, however, be under- stood as dissuading the Society from sending another mission- ary to New Rochelle, but only as informing them in what manner they might be provided for in case they decline it, and should the Society put them immediately under my care I should very readily submit to their consideration what allowance should be made me on that account." a
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