USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 31
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By these three lines, of which not the least mention is made In the Grant of the Lands of which Partition is made, the Pro- prietors have taken in a Tract Containing about 150,000 Acres to which they have no manner of Right as I humbly Conceive. Of this the King has granted at Several times about 100,000 Acres to sundry Persons who have Cultivated and improved the same, to the great Increase of the Inhabitants, and Advantage of the Province, and pay Yearly to the Crown about £125
.
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Proclamation Money Quitrent; and 50,000 Acres remain still in the Crown, to be granted to such persons as are willing to settle and Cultivate the same; which when Granted will yield £62 Sterling Yearly to the Crown. 11,683 Acres of this Tract are Set out by the Commissioners to be sold for defraying Ex- pences of Partition.
In Justification of the Observations which I have made, and of others which may be made on this exorbitant Claim of the Proprietors of the Patent of Minissink as it is usualy call'd, I shall mention some Maxims of Law, which they on another Occassion, in their Memorial presented to the General Assembly of this Province the 10th Day of February 1756, proposed as Rules for Judging of the Kings Grants.
1st The King's Grant shall not enure to any other intent, than is expressed in the Grant, that is, it shall not enure to any Implied Intent, tho' it may to Several Intents, if they be all expressed.
2dly The words of a Grant (even in the Case of a Subject, and the rather in that of the Crown) shall be Construed according to a reasonable and easy Sense ; and not Strained to things unlikely and unusual.
3dly Where the Words are so Doubtfull, as to admit of Several Intents, that Intent shall govern which is most in favour of the Crown.
In the last place it must appear very extraordinary that an Act of the Goyr Council & Assembly the Intention of which is declared to be, to facilitate the Collection of his Majesties Quit- rents, should be made use of to deprive the King of so large a share of his Quitrents.
I have thought it Incumbent on me to represent these unwarrantable and illegal Proceedings of the Commissioners ; and the Extravagant Claim of the Proprietors of the Tract called Minissink Patent to your Honour, That you and the Gentlemen of his Majestys Council, and other Officers of the Crown, with whom the King has more immediately entrusted the Care of Preserving his Rights and Revenues, may be informed thereof. All which are Nevertheless humbly Submitted by.
Yr Honours Most Obedt humble Sert
New York 20th March 1765.
ALEXR COLDEN.
991
ULSTER AND DUTCHESS COUNTIES.
PETITION OF THE REVP G. D. COCK.
To his Excellency Sir HENRY MOORE Bart Captain General and Governor in Chief in and over the Province of New York and the Territories depending thereon in America, Chancellor, and Vice Admiral of the same.
The Petition of the Reverend Gerhard Daniel Cock
MOST HUMBLY SHEWETH,
That your Petitioner is a Protestant Minister of the Gospel, and came to this Country in the Month of November one thou- sand seven hundred and sixty three, on the Invitation of the Dutch Congregation settled at a Place called the Camp on the East Side of Hudsons River in the County of Dutchess, in Quality of their Pastor.
That in the Exercise of his Function he has always behaved himself Peaceably and Inoffensively and endeavoured to promote the Cause of Religion and Virtue to the utmost of his power.
That for some time past an unhappy Difference has subsisted between the Dutch Congregation at Kingston in Ulster County. and their Minister the Reverend Mr Hermanus Myer, and it being the constant and laudable Usage of the Dutch Churches in this Province whenever Disputes of this nature arise, to Invite the Neighbouring Ministers to hear the same that they may have an opportunity of Composing and Reconciling the Parties at variance, the Petitioner was called upon in the Month of October one thousand seven hundred and sixty four by the Elders and Deacons of the said Church for that purpose.
That the Petitioner conceiving it his Duty to exert his best Endeavours to appease the animosities which disquieted the said Church, accepted that Invitation, and accordingly assisted with another Minister at a Meeting held at the said Church, on the Subject of their Contention upon the ninth Day of October in the Year aforesaid.
That the Morning after the said Meeting, a precept under the Hands and Seals of Levi Pauling and Johannis Hardenbergh Esqrs two of his Majesty's Justices of the Peace for the said County of Ulster, was served upon the Petitioner by one of the
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PAPERS RELATING TO
Constables of the said Town, whereby he was Commanded to Appear before the said Justices, to take the oaths prescribed by Law, " for that they took him to be a Dangerous Person to the " Government, and a common Disturber of the Peace of his " Majesty's Liege Subjects." And the Constable on the service of the said precept threatned, that if he did not pay a voluntary obedience to the said Precept, he should be Compelled thereto.
That the Petitioner was thus constrained to Appear before the said Justices. And thereupon Commanded by them to take the oaths of Allegiance and Supremacy; or in Default thereof was threatned to be Committed to Prison, unless he paid a Penalty of five hundred Pounds.
That altho' the Petitioner had been guilty of no Misdemeanour or offence, which could Authorize such a procedure against him, or in the least expose him to the Imputation of being Dangerous to Government, or a Disturber of the Peace, no Charge of that nature being exhibited against him: Yet being a Stranger to the Laws, and having no objection to swear Allegiance to his Majesty, when called upon by Lawful Authority; he Submitted to take the said Oaths, and was then set at Liberty.
That the Petitioner on Enquiry is since informed that the said Justices had no Dedimas Potestatim Commission or Authority to Compel him to take or authorize them to administer the said Oaths; But that they being the Heads of one of the Parties who were in Difference in the said Church: And the said Johannis Hardenbergh being the Father in Law of the said Hermanus Myer, had under Colour of their Office arbitrarily and nnwar- rantably assumed and exerted that Power, merely to serve the purpose of their Party.
That your Petitioner without any just Cause, having thus been restrained of his Liberty while he was in the Conciencious and Peaceable Discharge of what he considered a Christian office aud his bounden Duty, cannot refrain from Complaining of the Insult he has received, as being calculated to terrify him from the Lawful exercise of his Function ; and as being a presump- tious perversion and abuse of the Power intrusted with the said Justices for the Public Good, to Sinyster and Party purposes.
Wherefore as your Petitioner Humbly conceives the Govern-
993
ULSTER AND DUTCHESS COUNTIES.
ment will not suffer those to remain eloathed with the Authority of the Law, who arbitrarily pervert their Power to partial & Illegal purposes, to the advancement of their own private Interest and sinister Views, and to the oppression and abuse of others ; and as he presumes that the Ministers of the Blessed Gospel who demean themselves peaceably and worthily are entitled to the protection of the Government, and ought to be secured in the exercise of their Function, he humbly Prays that the Conduet of the said Justices may be enquired into ; And if they shall be found guilty of the Matters charged against them by the Petitioner, which he is ready to prove, that they may be removed from their Offices, or otherwise dealt with as the Law directs. GERHARD DANIEL COCK 1766 May 17: Read in Council & Order thereupon.
PETITION FOR A CHARTER FOR CERTAIN DUTCII CHURCHIES IN ULSTER CO.
To His Excellency Sir HENRY MOORE Baronet, Captain General and Governor in Chief of the Province of New York and the Territories thereon depending in America Vice Admiral of the same &ca &cu
IN COUNCIL.
The Petition of Dirk Romeyn Minister of the Churches of Marbletown, Rochester and Wawarsink in Ulster County, Jacob Haasbrouck, Solomon Van Wagenen and Levi Pauling Elders of Marbletown, Abraham konstable Hendrick Smith, Frederick Shorter and Cornelius Tack Jun" Deacons of Marbletown, and Johannes Smith and Ilrie Tack, Kirk-Masters of Marbletown ; Nicolas Keter, Jacob Hoornbeek, Dirk Hoornbeek & Elias Depuy Elders of Rochester, Frederick Shenigh, Isaiah Robinson, ' Cornelius Oosterhoudt and . Benjamen Merkell Deacons of Rochester, Lodewyck Schoonmaker and Jacobus Bush Jun' Kirk Masters of Rochester ; Johannes Gerardus Hardenbergh and Johannes Bevier Elders of Wawarsink, Stephen Dewitt and John VOL. III. 63
.
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PAPERS RELATING TO
Egbertse Dewitt Deacons of Wawarsink, and Andries Bevier and Benjamin Bevier Kirk Masters of Warwasink.
HUMBLY SHEWETH
That this Province was originally settled by Emigrants from the United Provinces subject to the States General in Europe, many of whom set themselves down in the said County of Ulster, and their Descendants have long since planted the Churches abovenamed, and have decent Edifices in which the Worship of God is carried on according to the Usages of the Reformed Protestant Dutch Churches of the United Provinces in Europe.
That the said Churches of Marbletown, Rochester and Wawar- sink each enjoy small Real Estates given by well disposed Persons for the Maintenance of the Worship of God, and the members of the same being unable at present to support more than one Minister thro' the Discouragement to farther Benefac- tions for want of Corporate Powers to hold Estates to prous uses & preserve and hand them down to Posterity secure against any secular Applications of the same ; And being very desirous of the privilege of an Incorporation so often granted to Episcopal Churches and other Dutch Churches of their Perswasion both in this and the Province of New Jersey.
Your Petitioners who appeal with the utmost Confidence to the whole Government for the Fidelity and Loyalty of the People of their Perswasion, most humbly pray your Excellency to grant them His Majesty's Letters Patent under the Great Seal of this Province creating them a Body politic and corporate in Deed and in Name by the Name and Style of The Minister Elders and Deacons of the Reformed Protestant United Dutch Churches of Marbletown, Rochester and Wawarsink ; and that they and their Successors may thereby be enabled to acquire and hold a competent Real Estate and injoy such other Power and Privileges as may be necessary for the pious Purposes aforesaid nearly similar to those granted to the Low-Dutch Protestants of the Cities of New York and Albany, and Townships of Kingston and Schenectady and other Places to be specified in a Draft of a Charter which they beg Leave hereafter to present-Or that your Excellency would be pleased to grant them such other aid in the Prosecution of the laudable Design abovementioned as to your
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ULSTER AND DUTCHESS COUNTIES.
Excellency shall seem meet : And your Petitioners presuming upon the Wisdom, Generosity & Impartiality of the Government under which they live will ever pray &cª.
D. ROMEYN Minister LEVI PAWLING the Rest of the
On Behalf of themselves and
JACOB HORNBEEK Petitioners by JOHANNIS BEVIER n
whom they are impowered.
New York 11th Novr 1766.
1
GENERAL LIST of all the White Inhabitants of Ulster County in the State of New York taken from the Returns of the Constables in the Several Precincts in the said County, Pursuant to an Act of the Legislature of the said State entitled, " An Act for taking the Number of White Inhabitants within this State" Passed the 20th March last .- Anº 1782.
Number of White Inhabitants.
Refugees from their Usual Places of abode by reason of the Invasion of the Enemy.
under
above
16 and under
Males 60 and
upwards
Females
der 16
Females
Total.
Males
16
60
Males 60 and
Females un-
der 16
Females
Total
Kingston
566
626
72
526
667
2,652
58
45
7
45
40
195
Hurley . . .
83
111
25
71
138
428
11
9
11
16
48
Marbletown
298
293
40
2.23
310
1,164
33
16
7
2.1
29
109
Rochester
194
179
21
178
202
774
27
28
2
38
23
118
Mamacotting
95
62
13
65
84
319
47
45
2
37
37
168
New Paltz ...
330
295
36
286
316
1,263
23
13
2
30
20
88
Shawangunk .
367
314
36
284
342
1,313
9
12
1
6
13
41
Montgomery .
561
489
58
519
540
2.167
17
18
1
27
17
80
Wail Kill ...
419
296
15
345
325
1,400
11
=
1
8
10
41
New Windsor .
300
252
21
276
280
1,132
29
22
5
33
37
126
New Burgh
..
429
282
37
368
371
1,487
36
26
42
44
154
New Marlborough
491
335
24
402
366
1,618
12
8
1
8
8
37
16.902
15,697
1205
The within is a True Number of all the White Inhabitants of Ulster County in the State of New York Pursuant to Law.
Pr JNO. SLEGHT Sheriff.
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PAPERS RELATING TO ULSTER AND DUTCHESS COUNTIES.
under
Males above
16 and under
Upwards
Males
16
Males
60
..
.
·
.
un-
a-
a-
bove 16
bove 16
XV. PAPERS
RELATING TO
makers and Moravians.
RICHARD GILDERSLEEVE, CONSTABLE TO GOV. ANDROS
RELATIVE TO A QUAKERS' MEETING AT HEMPSTEAD.
RIGHTT HONORABLE
Whereas your Honor was pleased to lay som commands apon mee for the prevention of quakers meettings within our Towne of hempstead which accordingly I hane dun to the bestt of my power by forwarning Capt John Seman being sick and nott ablle to go my sellf I sent two onerseers to for warme him that he shoolld nott Entertaine any such meeting att his house, yett nott witthstanding his answer was that he tooke no nottis of the warning and proceed to haue and had a uery great meetting the lastt lordsday being the 28 day of this in stantt, hopping these feue lines may finde your honors fauorable acceptance and render mee excusable and thatt your Honor will be pleased to take it in to your serious consideration for the ffuter prnention of tthe like nott troublleing your Honor any further I rest your Honors Humble Seruantt
RICHAR GILDERSLEEVE
Hempstead May 26: 1679.
memorandum I toulld him itt was by your Honors order to mee.
Endorsed,
" To the Rightt Honorable Ssir Edmun Andrews Gouerner and Generall of his Hines Terytorys att ffortt James in New York These."
PETITION OF QUAKERS
AGAINST BEING FINED FOR SOLEMNIZING MARRIAGES ACCORDING TO THEIR OWN RITES.
To the Governor ; And his Counsell at New-York
The address of Henry Willis and John Bowne, conserning the proseedings of a Court of Seshons against vs who said they fined
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PAPERS RELATING TO
vs £10 apcece for suffering our daugters to marrie contrary to their law, which proceedings we are satisfied is without prece- dent, and we can count it no less, but either a mistake or hasty oversight, and though we have endeavoured for its removall yet Execution is eishoed forth and Jos. Lee vnder shiref hath seased HIen: Willis barne of corn and since taken from Jo: Bowne 5 good milch cowes and drove them a way by night and keept them pownded from foode moste of two nights one day & part of a day that neighbours was generally troubled at it. Now in sim- plisity we doe seriously intreat all that may be conserned here in seriously to consider it and in the coolness of your spirits with ont anger or hard thoughts truly to waye it in the ballance of Equity where the wittnes of god may arise in every contience to testifie, whether If such things should goe on and be proseeded in it would not be to the rewenating of families and to the kind- ling of gods anger against a place or people which we truly desire may be prevented, by takeing away ye ocation, wherefore we make our address to the chiefe in authority knowing that Magistrates authority is to preserue mens persons and Estates, but ye perrogative of thee conscience that belongs to god and we dare not but yeald obedience therevnto as god hath perswaded our harts and we doe not aet (as sometimes resented) in stob- ourness obstainancy or contempt of anthority, but in simplissity, hancing gods feare in our hearts that we may keepe our con- siences clear before him from whom we receive strength to vphould vs in tryalls and exercise and we earnestly desire ye Lord may perswade your hearts. vnto whome we are now con- serned, that ye may remone the cause of this onr address. and open that eye in you that can see vs as we are, who can pray for those that's in authority that vnder them we may live a peacea- ble holy and god like life
ye 4th of ye 7th mo. 1680.
HENRY WILLIS JOHN BOWNE.
·
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1001
QUAKERS AND MORAVIANS.
A CASE OF MARRIAGE
Amongst the People called QUAKERS Stated and maintained Legall at a Tryall at Nothingham Assises the 8th of the 6: moth called August 1GG1.
The 22d day of October 1058 William Ashwell of Coddington in the County of Nothingham, yeoman, Accordinge to the good order of the People of God called Qnakers tooke to wife Anne Ridge Daughter of Thomas Ridge of North Collingham in the same County. Theire marriadge was sollemnized in the Citty of Lincholme in the pesence of Martyn Mason William Garland William Willowes Vincent ffotherington Robert Shaw George Leucas and John Roberts who gave Certificate thereof vnder theire hands in few years after the said marriadge the said William Ashwell had by his sd wife one Daughter named Mary Ashwell & soone after Departed this life intestate; the said Mary surnininge the sd William Leaninge a Copphold Estate of Inheritance not settled nor disposed of in his lifetime ; Mary his Daughter was pesented to the Mannor Court and accepted by the Tennants as next heir at law to her ffather and so admitted Tennant to her fathers Herreditory Estate ; soone after John Ashwell being the next of kindred vuto William the deceased made Entry and Claime to ye said lands of Inheritance as next heir at law vnder pretence yt the marriage of William wth Anne his wife was not Legall and so Mary the Daughter not Legittimate & so not in capacity of Heirshipp & thereupon Commenced the Suite at ye Common Law to oust Mary out of the possession of the lands in question ; and at Midsommer Nottingham Assizes 1661 : Brought on the sd Suite to tryall the plaints Councill was one Willmot neere Darby & some others, who oppened his case and Tittles to the lands in question wth reflective words & vnseemely Expressions against the people called Quakers falsely alleadging they went together like bruits and after their cursory manner of abuse the pceeded to prove his relation and alliance to William Ashwell ye Deceased whose next heire he pretended to be & so Intituled to ye Lands ; his principle witnesse was John Death of Botherton neere Newarke ; after he had signified his Evidence
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PAPERS RELATING TO
1002
the Councill for Mary Ashwell vizt Serjent Newdigall of Serjents Inn in fleete Street London, and Charles Dollinson of Lincholns Inn, made defense by suffitient witnesse (vizt) Richard Gossy of Coddington William Bell & Edward Goodyear of the same place, and by the Certificate of their marriage ; subscribed by the people called quakers & others ; proved theire Sollemne Marriadge, & theire sober Conversation together wthin wch time of wedlocke Mary Ashwell was Borne, & so the true heire to her ffather's Lands ; John Archer the Judge of Assize after hearinge ye Evidence pties and what either ptie could alreadge, Directed his Discoure to the Jury telling them that as for the Quakers wee know not theire opinions-but did beleeue they did not goe together like Bruit Beasts as had beene said, but as Christians ; therefore did Beleeue that the Marriadge Betweene William Ashwell & Anne Ridge was lawfull, & Mary theire daughter Heire to the lands in question ; & Brought a case to satisfie ye Jury it was to the purpose, A man yt was weake of Body and kept his Bed in that Condition-his desire was to take a wooman pesent to be his wife ; accordingly he then declared yt he tooke that wooman to be his wife & shee declared yt shee tooke that man to be her Husband & all Bishopps at that time did conclude it to be a lawfull marriage as the Judge then said ; and ffurther told ye Jury that there was a Marriage in Parradise ; Addam tooke Ene, and Ene tooke Addam, & none other pesent, and it was, said he, ye Consent of ye pties yt made a marriage, So ye Jury found it for ye Defendant and Mary Ashwell has Ener since Continued in peaceable possession of her ffathers said lands & Inheritance.
John Theaker of North Collingham in Nottinghamshire Gra zier married Anne ye Relict of the said William Ashwell & Defended ye sd Suite & as Guardian to Mary Ashwell had ye land in possession vntill ye Death of Marv who departed this life about December 1672 last past.
And at Richmond there was the like case tryed in their Spirit- ual Court-a man yt was related to a ffriend ; the ffriend marry- inge & having a Child-& being Deceased would have had ye Estate & sued for it, Saying ye Child was not heire because the ffather & Mother ware not married by a Priest-& there was a
1
1003
QUAKERS AND MORAVIANS.
tryall of it in Richmond Spiritual Court ; and ye Court Cast ye man & made ye Child heire of ye lands & so allowed of ve mar- riage in ye yeare 1673.
In Maryland there was two ffriends marryed & ye Majistrate questioned theire marriage & brought them in to trouble about it. At last it came before Assembly & Councill as alsoe ye Gov- ernor ; they were much puzzled about it, and ffriends haueinge gone together accordinge to ye practice of ye Holy men in the Scriptures of truth & law of God ; they laying the matter before ye meeting, all things being Cleare, a meeting was appointed on porpose for the takeing one another & haueinge a Certificate ; they being much puzzled both ye Assembly Council ; Gouernor & Majestrate ; at last referred ye matter to an old ffryer a Papist ; a ffather as they called him ; and his answer was to them that if that was not a lawfull marriage there was not one in the world ; this was about ye yeare 1670.
TO THE GOVERNOUR & COUNCELL OF THE PROVINCE OF N: Y: AND DEPENDENCS
THE ADDRESS OF the people called QUAKERS of this Province Sheweth
That whereas the said People have in all matters wherein the freedom of their Consciences are not concerned, readily obeyed and doe obey the wholesome Laws of this Government one of which Laws by the favour of the KING and his GOVERNOUR hath by an act of Assembly entitled The chartre of the Liberties wherein this Clause is contained, That no person or persons Professing faith in GoD by Jesus Christ, shall at any time be any wayes molested punnished disquieted called in question for any difference in opinion or matter of Religious concernment whoe do not actually disturb the Civil peace of the Province, but yt al and every such person and Persons shall from time to time and at al times freely have and fully enjoy his and their judgments and consciences in matters of Religion thro out the Province.
Now whereas notwithstanding the Liberty and freedome grant- ed unto al professing Faith in GoD by Jesus Christ in the afore-
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PAPERS RELATING TO
said act, the said People called Quakers have in several parts of the Government bein molested and disquieted in having their goods distrained and taken away for not training which the said People doe conceive and apprehend to bee an infringement upon the Liberty granted in the foreeited Act, by Reason the said people do refuse the bearing of Arms upon no other acct then as they Conseienciously dare not in obedience to GoD and not out of any Contempt to Authority, as is wel knowe by the practice ; of said People in other parts of the World as wel as here. Therefore the said people doe Intreat the Governour and Coun- cil aforesaid to take into their most serious consideration the premises aforesaid, so yt the said People may be relieved in the Dammages already sustained and prevented from the like Suffer- ings hereafter.
Att a Couneill held ye 24 Feby 1686 prt his Excy &c
Addresse of the quakers read-upon which the Counsill on perusall of the aets requiring trayneing unanimously gave it for their Opinion that no man ean bee exempted from that obligation & that such as make fayluer therein lett their pretents be what they will must submitt to ye undergoing such penaltyes as by the sayd Act is provided.
AN ACCOUNT
OF WIIAT HIATH BEEN TAKEN FROM OUR FFRIENDS IN NEW YORKE GOVERNMENT SINCE THE ARRIVALL OF GOVERNOUR DONGAN AND UPON WHAT ACCT. VIZT.
Taken from Samuell Hoit by John Farrington one &
sheep for not Training the 18th of the 10th mo. 1686. 0 10 05 Taken the same day by John Farrinton ffrom Daniell
Patriek for not Traineing one broad Ax
0
6 00
Taken from Daniell Patrick for not Training by John
Farrinton Say Harrisson for the 27th day of ye 5th mº 1687 one saddle vallued at 1 00 00
1
1
1005
QUAKERS AND MORAVIANS.
Taken from John Bowne for his son Samnell not £ Traineing 2 sheep by John Harrisson the 3d of the 7th nº 1687, worth 1 00 00
Taken away the same day by the same man from Samnell Hoit for not Traincing 2 sheep. .. 1 00 00 . Taken away by John Farrinton from Hugh Copperth- waite the 16th of the 10th mo for one day not Traineing 2 good Ewes his demand being 10 shillings 1 00 00 Taken away from Hugh Copperthwait the 2d day of the 7th mº 1687 by John Harrisson for 3 dayes not Training one Fatt Cow. 4 00 00
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