USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 35
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MATTHIAS NICOLES, Scor.
Endorsed
"Proposalls from the
Dutch Governo' and the Governors
Answer Nov. 2' 1674."
Col. MISS., xxiii., 410, 421.
Cortenos Autres to Governor Cobre.
St-I have reed yoff of the 19 new style, by Capt. Carel Epesseyn & Lieut Carel Quirinsen, to- gether with the orders for the respective places of this Governi' to bee delivered to nice pursuant to the Articles of Peace, And now have onely to alde my acknowledging and thankes for ye further kind Expressions to mee in yor letter.
As to yo' Posteript concerning pressing I doc hope my former Answer will bee satisfactory for quieting ye minde of the Inhabitants : but for yor owpe further satisfaction I doe further assure you, that I shall neither Propose, nor desire their bearing Arms ags their Nation.
As to Mr Was Dervalls molesting in words a per-on poszest of a Confiscated house, As soon as I heard it, I did check the s : Dafval for For dovipr, Letting him know, that all were to have the free benefit of ye liw & Articles of Peace & did 1-are the other of Right and Justice pursuant there- unto which in all Cases shall bee iny Endeavor, as it is my Orders.
This is by Capt. Matthias Nicolis who will & # you the same verbally : & by whom (baving had many addresses) I have sent you sach demands .s baue beque given mee in writings, for damages sustained from those under yor Comand, since the time limited for Peace in these Parts; vpon which I pray & will not doubt yor offerrial Auswer : If there bee any thing yet remaining wherein I may serve you before yo' voyage, I shall bee ready to testify how much I am
Yo' most humble Serys Novembre# 1674.
Endorsed "Lre to Go. Colve No. 7. 1674."
Col. MSS., xxiv., 7.
Governor Colve abalex the Latch from their Allegiance.
At a Court : present the Heeren Burs anasters Schepens and Burgher Court Martial -- holden and assembled by the Special Orders of the Heer Governour General ANTHONY CoLvs, at the City Hall of the City Nete Ordrerr. the a . Novembratilo noto, A º 1674.
The II Governour General ap marias Py rdet is ried the game that be, pursuant to the orders of his Lords Principals, shoall on to-morrow Surrender the Fort and this Province of N. Nether- land. conformably to the Arte boa of P. co, to the If: Major Andros on the behalf of his Majisty of Great Britain. And hath thereupon thanked the Meeting for their past services and at the same time absolved and discharged theth from the oph of Alle giance taken to their High Mightinesses and his Serene Highness ; further ord Ans that the 5 brinners of the Out people together with the Cushions and Table Cloth now in the City Hall should be taken Charge of by the Bargomaster Johonnes van Brugh until they wer doms dod & removed by Superior Authority-taking there- upon, further, his farewell of the Assembly warch I testify having occurred.
EPHRAIM HERMAN, SeC. New Orange Records, vii., 251.
Germany ( Me to the Sherif of Expus.
Honourable. Beloved. Faithfal -- Whereas I have received ample orders from my Lords Superiors their High Mightinesses the Lords Stat - General of the United Netherlands, their Mightinesses the Lords delegatel Councillors for the Province of Zealand, and their Mightinesses the Lords Commissioners in the Board of ' da'rohity a Amsterdam, for delivering up the Province of New Netherland for the bhoof of his Muje-ty of Hegland, pursuant to the Treaty of Peace concluded between the two Nations dated the 19 February, to the Heer Major Edmond Andros who hath also arrived here from his Majesty of England for that purpose, with orders & qualifications to me ex- hibited. your Honour is therefore ordered & chruged on receipt hereof to deliver up and hand over to the aforesaid Heer Major Andieos or to whom oever his Honour shall quality thereunto, accord- ing to the tenor of said Treaty of Peace the Command, Right so Waniediction of the Places. situ- ated under your Honors resort : further bogaug and wishing at all times to hear of your future
II .- TT
HISTORY OF THE STATE OF NEW YORK.
spoduess & welfare; ilnally assuring your Honour that my further services in Vrons di vot feil you, if demanded, to iny uttermost power, to prove that
I am your affectionate friend
(was undersigned) A. COLVE
Toe. Port Willem Hendrick N .hherland ady 10 Novr 1674. Ver coperscription reads thus Honourable Beloved Faithful Sieur Isaacq Greverae It Scout in the village Swanenburg in the Esopns. Agrees with the original To my knowledge
W. DE LA MONTAGNE, Secrety. Col. BISS., xxiii., :23.
Surrender of New Netherland to the English.
On the 10 November A. 1674, the Province of New Netherland was surrendered by Governor Colve to Governor Major Edmund Andross on behalf of his Britannick Majesty.
. New Orange Records, vii., 255. Camper Col. M&S., xxIII., 412-193 ; xiv., 1-13 ; Jate Orange Recorde, vil., 231, 253-255 ; Val. Man., 120, 122: 1552, 415-121 ; 1853, 450, 403 ; Doc. Ist., Ill., 19-02.
NOTE D, CHAPTER VIL., PAGE 854.
Petition of the Members of the Court of Assizes, to the Duke of York, for an Assembly.
To His Royal Highness, James, Duke of York and Albany:
The humble petition of the council of the province, the aldermen of New-York, and of the jus- tices assembled at a special court of assize held at the city of New-York, June 29th, 1631,
Sloweth -- That we, your royal highness' most humble and obedient servants, assembled together by virtue of your royal highness' authority established in his colony, humbly craving the conjune- tion and assistance of this court to make a submissive address to your royal highness: therein representing the great pressure and lamentable condition of his majesty's subjects in this you: royal highness' colony; and also presenting, for the only remedy and case of those burdens, that assembly of the people may be established by a free choice of the freeholders and inhabitants if this year: royal highness' colony. The which request. we having maturely and deliberately velgbed and considered, and having full assurance of your royal highness' good gracious and real intriAmts to encourage and advance the case, benefit, and advantage of trade, and the merchants and Inhabitants of this your said colony, and the removal of all things that might obstruct or hin- der the same to us particularly, signified by your gracious commission given to John Lewin, your royal highness agent and servant here, bearing date the 24th of May, 1680, which with great joy eal general satisfaction was received and published. Expecting and longing for the happy event of such year royal highness' grace and favour, the enjoyment of which we have not as yet attained. we find ourselves encouraged and obliged to concur with the said grand inquest : and in all sub- massive manner to prostrate ourselves at your royal highness' feet, and represent the miserable anj deplorable condition of the inhabitants of this your royal highness' colony, who for many years just have groaned under inexpressible burdens by having an arbitrary and absolute power used and exercised over us, by which a yearly revenue is exacted from us against our wills, and trade grievously burdened with undue and unusual customs imposed on the merchandize without car conisent --- our liberty and freedom inthraled, and the inhabitants wholly shut out and deprived If any share, vote, or interest, in the government, to their great discouragement, and contrary to the laws, rights, liberties, and privileges, of the subject ; so that we are esteemed as nothing, and 1. . ve 1 . come a reproach to the neighbours in other his majesty's colonies, who flourish under the faition and protection of his majesty's unparalleled form and method of government in his realen of England, the undoubted birthright of all his subjects. Which necessitates us, in behalf of this your royal highness' colony, to become huntble suppliaots and suitors to your royal high- ness ; praying, and we do hereby humbly and submissively, with all obedience, pray and bescech your royal highness, that, for the redressing and removal of the said grievances, the government of this your colony may, for the future, be settled and established, ruled and governed, by a gor- ( rnor, council, and assembly : which assembly to be daly elected and chosen.by the freeholders of this your royal highness' colony. as is usual and practicable with the real of England, and other his majesty's plantations. Which will give great ease and satisfaction to all his majesty's subjects in this your royal highness' colony ; who desire no greater happiness than the continu- atre of your royal highness' grace and favour, and to be and remain his majesty's loyal and free By order, &c.,
Jons West, Clerk of Assize. Wood's Long Island, pp. 178, 179.
4 95
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APPENDIX.
NOTE E. CHAPTER VIII., PAGE 684, AND CHAPTER XII., PAGE C45.
"THE CHARTER of Libertys and Privileges granted by his Royal Highness to the Inhabitants of New- York and its Dependemies.
.
[Passed, Oct. 30, 16S3.]
"For the better establishing the Government of this province of New-York, and thatt Jus- tice and Right may bee equally done to all persons within the same: Bee it enacted by the Govern'r, Councell, and Representatives now in gon'all assembly, mett and assembled, and by the authority of the same,
"Thatt the Supreme legislative Authority under his Majesty and Royal Highnesse James, Duke of York, Albany, &e. Lord proprietor of the said province, shall forever bee and reside in a Gover- nour, councell and the people, mett in a Generall assembly.
" That the Exercise of the Ullefe nagispacy and administration of the government over the said Province, shall be in the said Govern'r ; assisted by Councell, with whose advice and consent, or with att least four of them, hee is to rule and govern the came according to the laws thereof.
"Thatt in case the Governor : hall dy or bee absent vat of the province, and that there bee no person within the said province, commissionated by his Royal Highnesse his heyres or successors, to bee Governour or Commander in Chief there, thatt then the Councell for the time being, or so many of them as are in the said province. do take upon them the Administracon of the govern- ment, and the Execution of relse. thereef, and powers and arthoritys belonging to the Gover- nour and councell. The first in s cameron, in which concell is to preside untill the said Gover- nour shall returne and arrive in the wall province againe, or the pleasure of his Royall Highnesse, his heyres or successore, bernarther indan-
"Thatt, according to the usage. cortome, and practice of the Realm of England, a sessions of a generall assembly bee held in this province once in three yeares att least.
"That every freeholder withhi this province, aud freeman in any corporacon, shall have his free choice and vote in the Electing of the represent atives, without any manner of constraint or imposition, and that in all Fections the Majority of Volves shall carry itt, and by ffreeholders is understood every one who is so und stood according to the laws of England.
"Thatt the persons to bee electeil to sitt as representatives in the Generall assembly from time to time for the several Cittys. Towns, Convives Shires, or divisions of this province, and all places within the same shall bee according to the proporcoa and number hereafter expressed-That is to say-For the city and county of New-York four-For the county of Suffolk two-For Queen's county two-For King's county two -- For the county of Richmond one-For the county of West- chester one-For the county of Uete . ta > -For the county of Albany two-And for Schanectade, within the said county, one-For Dike's e rinity one-For the county of Cornwall one.
" And as many more as his Royal Highness shall think tit to establish.
"Thatt all persons chosen and asseadded in mauer aforesaid, or the major part of them, shall be deemed and accounted the representatives of this province, which said representatives, togeth- er with the Governor and his covi- 41, -1. .!! fnever be the supream and only legislative power under his Roy'll Highnesse, of the sall province-
" Thatt the said representdire - nr. wy appoint their own times of meeting during their sessions, and may adjourne their house, frecu thine to time, to such time as to them shall stem meet and convenient.
"Thatt the said represent rives are the sole Badges of the Quallificacons of their own members, and likewise of all endse de tiene, and may, from time to time, paige their house as they shall sce occasion dureing the said : -- ion ..
"Thatt no Member of the Gover ill Assemly, or their servants, during the time of their ses- sions, whilest they shall be going to, and returning from the said assembly, shall be arrested, sucd, imprisoned, or any wayes moleste ler troubled, por bee compelled to make answer to any suite, bill, plaint, declaracon or otherwise, case of High treason and felony only excepted-provided the number of the said servants shall not exceed three.
"Thatt all bilis agreed my on by the sand Representatives, or the major part of them, shall bee presented muito che Governoar and his corecell for their approbacon and consent, all and every which said bills so approved of and a meuted to by the Governor and his Councell, shall bee es- teemed the Lawes of the province which sa'd lowses shall continue and remaine in force until they shall bee repealed by the Authority af reeand : That is to say, The Governour, Courcell, and Repre- sentatives in Generall Assembly, by and with the approbation of his Royal Highnesse, or expire by their own limitations.
"Thatt in all cases of death or removeall of any of the said Representatives, the Governour shall issue out stimmons by Write to the respective Townes, Uityes, Shires, Countyes or Divisions for which hec or they so removed or de ceased were chosen, willing and requiring the ffreeholders of the same to elect others in their place and strait.
.. Thatt no freeman shall bee saken and impriented, or bee disseized of his freehold or liberty, or free customes, or bee vutliwe 1 or estod, or any other wayes destroyed, nor shall be passed upon, adjudged or condemned, batt by the lawful judgment of his peers, and by the law of this
660
HISTORY OF THE STATE OF NEW YORK.
province, justice nor right shall bee neither sold, denyed, or deferred to any man within this province.
"Thatt no aid, tax, tallage, assessment, custom, loane, benevolence, or imposition whatsoever, shall bee layed, assessed, imposed, or levyed on any of his Ma'ties subjects within this province, or their Estates uppon any Manner of colour or pretence, butt by the act and consent of the Gov- ernor, councell and representatives of the people in generall assembly mett and assembled.
"Thatt no Man, of whatt Estate or Condicon soever, shall be putt out of his lands or tenements, nor taken nor imprisoned nor disinherretted, nor banished, nor any wayes destroyed without being brought to answer by due course of law.
"Thatt a ffreeman shall not bee amerced for a small fault, butt after the manner of his fanlt, and for a great fault after the greatnesse thereof, saving to him his ffreehold, and a husbandmau saving to him his wainage, and a merchant likewise saving to him his Merchandize, and none of the said amerciaments shall bee assessed butt by the oath of twelve honest and lawful men of the vicinage-protiled the faults and misdemeanours be not in contempt of courts of Judicature.
" All tryalls shall bee by the Verdict of twelve men, and as near as may bee, Peers or Equalls of the Neighbourhood, and in the County, Shire, or Division where the fact shall arise or grow. whether the same bee by Indictment, Informacon, Declaracon, or otherwise, against the person, offender, or defendant.
"Thatt in all cases capitall or criminall, there shall be a grand Inquest, who shall first present the Offence, and then twelve Men of the Neighbourhood to try the Offender, who after his plea to the Indictment, shall be allowed his reasonable challenges.
"Thatt in all cases whatsoever Bayle, by sufficient suretys, shall be allowed and taken, unlessc for Treason or felony plainly and specially expressed and meaconed in the Warrant of Comunit- ment; Provided ahrayes, thatt nothing herein conteyned shall extend to discharge out of prison, appon Baile, any person taken in execucon for debts, or otherwise legally sentenced by the judg. ment of any of the Courts of Record within this province.
"Thatt no ffreeman shall be compelled to receive any marriners or souldiers into his house, and there suffer them to sojourne against their wills ; Provided always, it be not in time of actuall war within this province.
"Thatt no commissions for proceeding by martiall law ag'st any of his Ma'ties subjects, within this province, shall issue forth to any person or persons whatsoever, least by colour of them any of his Ma'ties subjects bee destroyed or putt to death, except all such officers, persons and soul- diers in pay throughout the Government.
"That from henceforward no lands within this province shall be esteeined or accounted a chat- tie or personall Estate, but an Estate of Inheritance according to the customes and practice of als Majestye's realme of England.
"Thatt no Court or Courts within this province have, or att any time hereafter shall have any Jurisdiccon, power or authority, to grant out any execucon or other writt, whereby any man's land may bee sold, or any other way disposed of, without the owner's consent ; Provided alicayes, that the issues or meane proffitts of any man's land shall or may bee extended by execucon or other- wise, to sattisfy just debts, any thing to the contrary hereof in any wise nottwithstanding.
"Thatt no Estate of a ffeme covert shall be sold or conveyed butt by deed acknowledge i by her in some Court of Record, the woman being secretly examined, if shce doth itt freely without threats or compulsion of her husband.
"Thatt all wills in Writing attested by two credible Witnesses, shall be of the same force to con- vey lands as other Conveyances being registered in the Secretarye's office within fforty days after the testator's death.
"Thatt a Widdow, after the death of her Husband, shall have her dower, and shall and may tarry in the chiefe house of her husband forty days after the death of her husband, within which forty days her dower shall bee assigned ber, and for her dower shall bee assigned unto her the third part of all the lands of her husband during coverture, except shee were endowed of lesse before marriage.
"That all lands and heritages within this province and dependencyes, shall bee free from all flines and lycences upon alienacons, and from all heriotts, wardships, liverys, primier seizins, year, day, and wast, escheats, and forfeittures upon the death of parents or ancestors, naturall, unnati- rall, casuall or judiciall, and thatt for ever : cases of High Treason only excepted.
"Thatt no person or persons, which proffesse faith in God by Jesus Christ, shall, at any time, be any wayes molested, punished, disquieted, or called in question for any difference in opinion or matter of religious concernment, who do nott actually disturbe the civill peace of the province. butt thatt all and every such person or p'sons may, from time, and at all times freely have and fully enjoy, his or their judgments or consciences in matters of religion throughout all the prov- ince, they behaving themselves peaceably and quietly, and nott using this liberty to Lyrencions- nesse, nor to the civill injury or outward disturbance of others : Provided always, Thatt this liber- ty, or any thing conteyned therein to the contrary, shall never be construed or improved to make void the settlement of any publique minister on Long Island, whether such settlement bee by two thirds of the voices in any Towne thereon, which shall alwayes include the minor part ; or by sub-
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APPENDIX.
scriptions of perticidar Inhabitants in said townes; Provided, they are the two thirds thereof: Butt thatt all such agreements, covenants and subscriptions thatt are there already made and had, or thatt hereafter shall bee in this manner consented to, agreed and subscribed, shall att all time and times hereafter, bee firm and stable ; and in confirmation hereof, it is enacted by the Gover- nour, Couneell, and Representatives, That all such stuinms of money so agreed on, consented to, or subscribed as aforesaid, for maintenance of said publique ministers, by the two thirds of any towne on Long Island, sball alwayes queluide the minor part, who shall bee regulated thereby : and also such subscriptions and agreements as are beforemenconed, are and shall bee alwayes ratifyd, performed and payd, and if any towne on said I-land, in their publique capacity of agree- ment with any such minister or any perticular persons, by their private subscriptions as aforesaid, shall make defaul, deny, or withdraw from such payments so covenanted to, agreed upon, and subscribed, thatt in such case, upon complaint of any Collector appointed and chosen by two thirds of such towne upon Long Island, anto any Justice of thatt County, upon his hearing the same, he is hereby authorized, impowered, and required to issue out his warrant unto the consta- ble or his deputy, or any other person appointed for the collection of said rates or agreement, to levy upon the goods and chattel's of sald delinquent or defaulter, all such simies of money so covenanted and agreed to be paid, by distresse, with costs and charges, without any further suit in law, any law, custome or usage to the contrary in any wise notwithstanding ; Provided always, the said summe or sumies Ire ender forty shillings, otherwise to be recovered as the law directs.
"And ilproti all the respective Chri tian Cherches now in practice within the Citty of New- Yorke, and the other places of this province, do appear to bee priviledged Churches, and have been so established and contirihed by the former authority of this Government ; Be it hereby en- acted by this present General Assembly, and by the Authority thereof, That all the said respective Christian Churches be hereby confirmed therein, and thatt they and every of them shall from henceforth, forever, be held and ropated as priviledged churches, and enjoy all their former free- domes of their religion in divine wo. ship and church discipline ; and thatt all former contracts made and agreed on for the maintenances of the several ministers of the said Churches, shall stand and continue in full force and vertue, and thatt all contracts for the future to bee made, shall be of the same power; and all prons that are unwilling to performe their part of the said contract, shall bee constrained thereanto by a warrant from any Justice of the Peace ; Provided itt bee under forty shillings, or otherwise, at the law directs; Provided allso, That all other Christian Churches that shall hereafter come and settle within this province, shall have the same priviledges. "A continued bill for defraying the requisite charges of the government.
[This continued bill grants certain duties on liquors, merchandizes, &e. to the Governor, for the support of government, and is on the s.dne en grossed bill with the foregoing "charter of libertys," &c. and passed with it. ]
"New-Yorke, Oct. 26, 1683. "The Representatives have ascented to this bill, and order it to bee sent up to the Governo'r and Councell for their assent. M. Nicoris, Speaker."
"After three times reading, it is asectied to by the Governour and Councell this thirtieth of October, 10:3. THO. DONGAN.
" John Spragge, Clerk of the A . Deny."
MAS. in Seratanya other, Alltag; New York Recisel Laus, 1513, ii, Appendix, iii .- vi. ; Colonial Documents, ift., 257-532.
NOTE F, CHAPTER X., PAGE 506.
It would seen. from the printed minutes of " The Acts and Proceedings of the General Synod of the REFORMED PARAESTAN DEICH CHURCH IN NORTH AMERICA" for the years 1586, 1967, 1568, and 1503, that that venerable body deliberately perpetrated one of the grossest outrages on American history ever done in this country. The synod, after debate, and against the protest of some of the most devoted friends of the Church, resolved that the words " Dutch" and " Protestant" were not proper words to be retained in His ti,le. Noisy and active members of the Synod denounced those words as " foreign, ""and not " merie in." Yet the oldest ecclesiastical body of Christians in our country is the one which his-en persistently rejected these expressive designations. To say that the Church which Holland plate [ in America is not a " Dutch" Church, is to affirm a falsehood. To deny that that Dutch-Anaricon Church was a " Protestant" Church, is to reiterate an historical ile.
By this action of the venerable Synod of the Reformed Protestant Dutch Church in North Amer- ica the history of our country has been ballet Ever since the surrender by the Dutch of New Netherland to the English, the Church which the Fatherland planted in New York was known and distinguished as a " Datch" Church. Certainly it was a " Protestant" Church. How could it be otherwise ? The Blood of the martyrs in the " Patch Republic" who resisted Alva must have been wretchedly diluted when any of their descendants in America could shrink from calling them- celves " Daich" and " Protestaut."
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