USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 32
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Taken away from Henry Willis the 15th of the 1st mo 1687 by Richard Wintherne Constable and Richard Gilderse Collector for not paying towards the Buildinge the Preists Dwelling house at Hampstead their Demand being £1 .. 14 : one Cow valled at .. Taken away from Henry Willis the 30th of the 10th mº 1687 by Samuell Emery Constable and Francis Claple Collector for the Preists Waidgees of Hamp- stead 8 sheep sould for £1 .. 14-their Demand being £2.17
4 10 00
4 14 00 Taken from Edward Titus 15th day of the 1 st mo 168; for Refusing to pay towards the Building of the Priests house of Hampstead one cow by Richard Wintherne Constable and Richard Gilderse Collector their Demand being £1 15.
Taken from ditto for not paying the Preists Waidges of Hampstead by Samuell Emery Constable and Francis Claple Collector four young Cattle allmost a year Old their Demand being £1 8.
Taken from Henry Clifton of flushing the 30th of the 1st mº 1687 by John Harrisson for not Traineing one Hatt cost
Taken from Jasper Smith the 18th day of the 10th mº 1686 by John Farrinton for not Traineing, one 2 year old heffer vallued at
1 10 00 Taken from James Clements by John Farrinton the
0 18 00
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24th of the 10th mº 1686 for not Traineing 2 sheep Vallued at.
0 16 00 Also in the year 1687 taken by John Lawrance Capt sixteen shillings in money for not Traineing from ditto . 0 16 00 Taken from Harmanus King of flushing by John Farrinton some time in the 10th mº 1686 for not Traineing one hyde valued at. 0 15 00
Taken from ditto in the year 1687 by John Harrisson for not Traineing one swine vallued 0 15 00 Taken from Elias and John Burling of Hampstead on Long Island by Richard Wintherne Constable and Richard Gilderse Collector for not paying 8 shillings Demanded towards Building the Preist of Hamp- steads house one iron pott one pewter dish and a
Bason worth £1-taken the 15th of the 4th mº 1687, 1 00 00 Taken from Ditto by the same psons for 3 dayes not Training the 16th of the 4th mº 1687 one Cow. .... 3 00 00
NEW YORKE.
Taken the 24th of the 10th mº 1686 from Phillip Richards for not Traineing by John Cavileir 13 yds. of fflannen 2s p yard 1 06 00
Taken from Thomas Phillips much about the same time by John Cavileir marshall and John Pattee Con- stable 14g yds of fine Draught Stuff at 4sp yd by virtue of a warrant from Nicholas Bayard Collonel for fine of 138 6d for not goeing in Armes 2 18 00 Taken from Francis Richardson the 3d of the 7th mo 1687 by John Cavileir for not Traineing 112 yds. of Stuff at 4$ 6d p yd. 2 12 10 Taken from Albartus Brandt by John Cavileir by order of the melitia the 5th of the 8th mº 1687 for Refuseing to Goe np in Armes to Albany one ps of Holland Linnen qt 48 yds at 4$ 6d pyd £10 16 2 ps striped d° qt 70 ells 4 17 15 13 04
Taken away from John Weigh in the year 1687 in the
19th 3d mo by Jonathan Hazard. Tho: Pettet Benja-
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QUAKERS AND MORAVIANS.
min Sivorns a Lanthorne a pewter Bason and a half bushell Cost 0 10 06
For not appearing in Armes one day in the foott Company; and for the troop they Demand three pound.
PETITION OF THE QUAKERS OF QUEENS CO. REGARDING THEIR RIGHT TO VOTE.
To the Honorable JOHN NANFAN Esqr Governr & Commander in chief of the Province of New Yorke &c
The humble petition of Samuel Hoight John Wey & Robt Field on behalfe of themselves and the rest of the ffreeholders of Queens County of the persuasion & profession of the people called quakers
SHEWETH
Vnto yor Honour that lately in the elecon of Representatives to assist in generall assembly in Queens County the petitioners abovenamed and others of their profession have been interrupted and deprived of their right & priviledge of voting by the Justices of sd County or some of them & others appointed witnesses to the elecon upon pretence & colour of not having taken the oaths notwithstanding their having signed the declaracon appointed the people of that persuasion by act of Parliament.
There being another eleccon to be had in said County in a few days that the peticoners may enjoy their right & priviledges and to prevent controversy for the future
They therefore humbly pray to have yor honours opinion whether they being qualified otherways to vote for representa- tives in such eleccons are legally barrd & preeluded from doing thereof by their not swearing and as in duty bound &c
Octor 3d 1701
SAMUEL HAIGHT
JOHN WAY
ROBERT FFIELD
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COMPLAINT AGAINST THE SHERIFF OF WESTCHESTER FOR REFUSING THE VOTES OF CERTAIN QUAKERS AT THE ELECTION.
TO WILLIAM COSBY Governour of the Province of New York &c.
The Complaint and Humble Petition of Richd Cornwell, Nehemiah Palmer & Sylvanus Palmer in behalf of themselves and Some others of the People called Quakers Inhabitants in the County of West Chester in the Province of New York Sheweth that we are and for many years past have been Possessed of honses and Lands being Estates in fee Simple within Said County and have alwayes behaved and demeaned ourselves towards those placed in authority over us and to all our fellow Subjects as becomes honest and peaceable men to do, and when there has been any occasion for our Evidences in any of the Courts within this Province and on other occasions, we have been admitted for these many years past to make our Solemn affirmation, instead of an oath, by virtue of an Act of Assembly made in this Province in the year of our Lord 1691 and after- wards confirmed by the King and Queen of England, and we have also been allowed at all times since the making of that act to give our Votes at the Election of Representatives and when any doubt has arisen about any persons being a freeholder, our Solemn Affirmation has been allowed for the clearing the matter, Untill the late Election of a freeholder for a representative for the Said County when the High Sheriff Nicholas Cooper did refuse and deny us and Severall more of our friends to give our votes for Lewis Morris one of the Candidates at the Said Election unless we would take an oath that we were Freeholders, though well known to be Such to most of the People present and when we offered our Affirmation according to Law that was rejected, when at the Same time two of our friends who voted for the other Candidate William Forster were admitted without either oath or affirmation and yet no better known to be freeholders then we that were denied, and one of us who was denied, was after when the Election was finished Suffered both by the Sheriff and Forster too, to Joyne in the Execution of the Indentures as a principall Freeholder and that without cath.
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Now We thy Petitioners have been Informed by Council Learned in the Law, that every one of us that was so denied our vote may have his action upon the Case against the Sheriff, for his So violent attempt on our Liberties and priviledges, but we not being inclined to use such rigorous means, Chose rather to apply to thee for redress, who art the Kings Representative, hoping thou Wilt not Countenance such arbitrary proceedings, but be pleased to grant our request to discharge the said . Nicholas Cooper from his office of High Sheriff and thereby discourage Such proceedings for the future, that we with all other our friends may from henceforward Enjoy all our Lawfull liberties and priviledges Quietly and peaceably and Not be deprived thereof by any partiall Magistrates or officers, Nor by any forced or Strained construction of Law contrary to the so long & constant practice of the Governours and Magistrates of this Province, and manifest intent of the Lawmakers But besides the above recited Law of this Province there is an Act of Par- liament made in the Eighth year of the late King George the first, that allows us the form of Affirmation therein prescribed, which we conceive Extends to all the people called Quakers in the Kings dominions, and has since the making thereof been frequently made use of in this Province and though Some People have been of opinion that it does not extend to us, yet it is Manifest that it was the intent of the Lawmakers that it should for our late Governour Montgomerie told Doctr John Rodman & Edward Burling that he was a Parliament man at the time when that act was made, and helpt promote it and that it was intended for all the people called Quakers in the Kings dominions and that all Should have the benefit of it &c and further Said that if any Magistrates or officer denied it to any of our friends let him but know it and he would punish him for it
We are thy friends and Well wishers
RICHARD CORNWELL SILVANUS PALMER.
18 Decr 1733. Read & referred.
VOL. III.
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REPORT ON THE PRECEDING PETITION.
ATT a Committee of the Councill held at ffort George in New York on friday the 28th Day of December 1733.
PRESENT Mr Harrison Mr Delancey M' Courtlandt Mr Lane Mr Horsmanden.
MAY IT PLEASE YOUR EXCIE
In Obedience to Your Excies Order in Council of the 18th Decr instant referring to us the Consideration of the Matters of Complaint mentioned in the petition of Richard Cornwell & Silvanus palmer in behalf of themselves & others of the people called Quakers agt Nicholas Cooper Esqr High Sheriff' of the County of West Chester & set forth in the minutes of Councill of that day to which We beg leave to referr We having heard & examined both partys as well in defence as in Justification of the said Matter of Complaint Do humbly report to your Excie
That as to the Sheriff's refusing the Complainants their votes at the late Election for a Representative for the County of West Chester or their affirmation of their being freeholders in the Said County We find that the Complainants having offered their Votes for Lewis Morris Esqr one of the Candidates at that Election were Challenged by Wm fforster the other Candidate who required the Sheriff to tender to the Complainants the oath of ffreehold That the Complainants conceiving themselves as being of the people called Quakers entitled to the Liberty & priviledge of giving their affirmation instead of an oath refused to take the Oath required but offered their affirmation of their being freeholders that thereupon the Sheriff told the Complainants he could not admit them to poll unless they would take oath of ffreehold as directed by act of assembly which by the other Candidate he was required to administer ; That the Complainants having refused to take Such oath the Sheriff refused their votes.
That as to the Sheriff's having taken the Votes of others of the people called Quakers who voted for Forster without having taken their oath or affirmation We find that they not having been Challenged nor their ffreeholds questioned were admitted by the Sheriff to give their Votes at Said Election.
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That the Sheriff tendred the Oath of fireehold to none of the people called Quakers but what was Challenged & when required thereto & refused to none of them their Votes if not Challenged.
Upon the whole and after a full hearing the petitioners having waived a farther Examination into the particulars of their Complaint Except what related to their right to Vote, if regularly Challenged to their ffreehold, upon their affirmation only without · regard had to the oath directed by Act of General Assembly entitled an Act for ye regulating Elections of representatives in generall assembly in each respective City & County within this province, And the Sheriff justifying his Conduct at the Election before mentioned by the words of Said Act which we apprehend to be Matter of Law We humbly recomend to your Excellency to referr the Said petition & said Sheriff's justification to his Maties Attorney Generall for his opinion thereon
This May it please Your Excellency is what the Committee find upon their Examination of, and Inquiry into, the allegations or Matters of Complaint in the Complts petition set forth all which is humbly Submitted to yr Excie
By yr Excies most obedt humble Servants By order of the Committee HENRY LANE.
ATTORNEY GENL'S OPINION
MAY IT PLEASE YOUR EXCELLENCY.
In obedience to Your Excellency's Comands, I have carefully perused and consider'd the Several Acts of Parliamt relating to the Solemn affirmations &c. of the people call'd Quakers; And find that none of those Statutes (now in force) do Extend to this Province, or any other of his Majesty's Plantations.
I have also perused and Consider'd the act of the Genal Assembly of this province, made in the 3d year of King William and Queen Mary Intitled " An Act to ease people that are scrupulous in Swearing" And find that law relates only to such Scrupulous persons giving their Evidence in any Matter Depend-
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ing in any of the Courts (or their Serving upon any Jury in any Court) within this Province; and not at all to Elections.
. I have likewise perused the seu'al acts of assembly relating to the Election of Reprsentatives to serve in the Genal assembly of this Province; But more particularly that Intitled " A Bill for Regulating Elections of Reprsentatives in Genal assembly in each respective City and County Within this Province" Which act obliges every Elector (without any Exception) before he is admitted to Poll at the same Election; To take the oath therein after mentioned, If required by the Candidates or any of them Which Oath required by one of the Candidates at the last Election for the County of Westehester, to be taken by some of the people call'd Quakers; they refused to take, And the persons so refusing, were therefore not admitted to Poll at the said Election.
Upon the whole, I am humbly of opinion, that neither any of the people Call'd Quakers, nor any other person Whatsoever who Refused to take the said Oath at the said Election; on being required by any of the said Candidates to take the same, had any right by Law, to be admitted to Poll at the said Election.
Dated 2Sth Jan. 1732 R: BRADLEY Attorney Genal. To his Excellency the Governor
of New York &c.
MORAVIANS IN DUTCHESS COUNTY.
[Counc. Min. XIX.]
At a Council held at the Council Chamber of the City of New York the fifth day of July 1744. PRESENT His Excellency the Governour Mr Kennedy M. Horsmanden
Mr Chief Justice Mr Murray
His Excellency Communicated to the Board a Copy of a letter or Order from his Excelleney dated Sth June last to Coll Henry Beckman One of his Majesty's Justices of the peace for Dutchess County and Col' of the Regiment of Militia for that County acquainting him that his Excy was informed that several persons in that County called Moravians had Endeavoured to seduce the
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Indians from their Allegiance which in this Time of Warr would be of most dangerous Consequence and therefore requiring him with some more of the Justices of the peace of that County to Cause the said Moravians & any other persons suspected to be disaffected to be brought before them and if they found just Cause of Suspicion to Commit them to the County Goal until they should be delivered by due Course of Law And in Case of meeting with opposition the Sherif had orders to raise the posse And the Regimt of Militia were to assist.
His Excellency also communicated to the Board his Orders to Col' Beekman as Coll of the Militia concerning the afd Moravians & other disaffected persons and to make Search for Arms & Ammunition in the Custody of any Suspected persons, and to Canse the said Indians to be dispersed.
His Excellency also communicated to the Board a Letter from Col' Beekman advising his Excellency of the Receipt of the foregoing, That there were four Moravian priests and many Indians at Schocomico And that he had made search & Enquiry for Arms & Ammunition but Could find none nor hear of any. But that before the Receipt of his Excellency's Orders to wit on the 18 The Sherif, Justice of ye peace & Eight other persons were at Schacomico where they found, All the Indians at Work on their plantations Who scemed in a Consternation at the approach of the Sherif and his Company but received them Civilly That they found no Ammunition And as few Arms as Could be Expected for 44 men the Justice upraided the priests that they were Suspected to be disaffected to the Crown which they deny'd saying they were afraid of the French and their Indians and pretend that their Function or business is meerly to Gain Souls among the Heathens and that they had a Commission from the Archbishop of Canterbury and were ready to Shew their Credentials. That the Justice demanded of them to take the Oaths but they refused through a Scruple of Conscience against Swearing as they pretended, That the Justice then bound them over to Answer what Should be objected agt them.
On Reading of which several papers the Council did advise his Excellency to write to the Sherif of Dutchess to Order thoso Moravian Priests to New York to attend his Excellency ..
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SHERIFF'S RETURN TO THE PRECEDING ORDER.
At a Council held at the Council Chamber of the City of New York the 26th of July 1744.
PRESENT His Excellency the Honble GEORGE CLINTON Esqr
Mr Kennedy
M. Horsmanden
Mr Chief Justice Mr Murray.
His Excellency Communicated to the Conneil a Letter from Henry Filkin Esqr High Sherif of Dutchess in answer to his Excellency's of the fifth Instant acquainting his Excellency that he went on ye 17th to Shacomico a place in the remotest part of that County inhabited Chiefly by Indians where also live Gudlop Bydner, Hendrick Joachim Senseman and Joseph Shaw three Moravian priests with their Familyes in a Block House and Sixteen Indian Wigwams round about it, the two first were at home whereupon he, acquainted them with his Excellency's Order And they promised to set out the 24th Instant and that he perceiv'd nothing disorderly there.
EXAMINATION OF THE MORAVIANS.
At a Council held at the Council Chamber in the City of New York the first day of August 1744.
PRESENT His Excellency the Governour
Mr Chief Justice
Mr Horsmanden
Mr Cortlandt Mr Murray.
The Moravian priests sent for from Dutchess County attend- ing according to order Joseph Shaw was Called in and Examined and said That he was born in little Ryder Street near St James's that his Father was a Carpenter, and that he was brought up and Communicated with the Church of England and was twenty five years old when he came over That he had been in America two years that he came over in Capn Gladman's Ship and went first to Bethlehem in pensylvania and thence to this place.
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That he was design'd for a Clergyman of the Church of Eng- land but was prevented by sickness and then learnt to Survey and measure Houses.
That his Father is an Englishman and of the Church of England and Consented to his coming over.
That he came over to Instruct the Indians in the Gospel of Christ and teach school among them and is now by Profession a Schoolmaster.
That he does not know that he has seperated from the Church or changed his Sentiments for that he holds the 39 articles still.
Being asked how he was Supported here Says that they work as much as they Can and the Church supports them in what Else they want.
That they are Settled on a Small Tract of Land which they plant with Corn and that he has taught some of the Indians to read English. That he has been in Dutchess County Ever since last May was 12 mº Except that he was a little while in pensilvania and once at New England whither he went by the desire of some people (and particularly the Revd Mr Mott who is a Minister of the Moravian Church) to see the Indians there.
Being asked how many Moravian Teachers there were among the Indians in Dutchess County and their Names.
Says there were three vizt the three sent for before the Council. Joachim Hendrick Sinseman Godlope Budner and himself, but lately one Christian Rouk came from Albany County who had been teaching the Indians there but was gone.
That he understands but Little of ye Indian Language but an Indian whose Name is John & another called Isaac interpret for him.
Being asked how they dared come into this Country and reside among the Indians without acquainting the Government with their design and having permission to stay
Says that he thought this Country gave Liberty of Conscience to all and that they might Exercise their Religion freely But does not know that they have made any application here.
That the Revd Mr Spaningberg a preacher at the meeting House in Fetter Lane where Doctor Bradbury formerly preached is Expected over to preach here.
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That they have no Settled Salary from the Moravian Church but when they want any thing they write to the Church that is to ye Congregation at Bethlehem or to peter Boehler and they supply their wants.
That Budner is Chief preacher at Schacomico and Sinseman as his assistant. that he preaches according to the Articles of the Church of England as they Stand Excepting as to Election & Reprobation.
That the Disturbances which lately happened at Sharon were Occasioned by a Woman who heard two Indians from the Woods & thought they had kill'd her Husband.
That he Constantly prays for King George but will not take the Oaths of Allegiance &c it being against his Conscience to Swear and none of the Moravians will take an Oath
Then the Oaths appointed to be taken were tendred to him but he refused to take them. & was Ordered to withdraw
Hendrick Joachim Senseman was called in and being Examined sayd
That he was born in Hesse Cassel is 36 years old and has been a little more than two Years in those parts That he Came from London to New London thence to Philadelphia & this place that he was brought up a Baker but now preaches the Gospel of Christ to the Indians by means of an Interpreter one Johannes an Indian. That the Moravian Church gave him authority so to do but his Commission is in Bethlehem.
That he and his Brethren work for their Livelihood and plant Indian Corn and Wheat (which they Enjoy in Common) on some Land whereon the Indians remain & that they built them- selves a House wherein they all three Live.
That he has a Wife which he brought from Germany and Shaw was married in Philadelphia by Peter Boehler but being asked said one Frederick Post had married an Indian Woman.
That he has been a Minister almost two years and was Ordained by David Nichman a Bishop of the Moravian Church at Bethelem but now gone to Germany.
That they have had some things from their Brethren in England but when they want they are supply'd from Bethlehem.
Being asked what Call he had to the Ministry.
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Says it was the Saviours pleasure he should be a Minister has no other Learning but the Bible in High Dutch.
That Boehler was at Schocamico about a year And Count Zentzendorf had been up there before he Came.
Being asked how they being Strangers and Forrigners dared to come into this Country and reside among the Indians without acquainting the Government with their Design and having their permission to Stay
Says his Church sent him and bid him Go and he obeyed his Brethren
That he prays as St Paul hath written for all in Authority and for King George by name
He then was required to take the Oaths but refused Saying it was against his Conscience to swear.
Gudlop Buydner being called in and Examined said.
That he was born in lower Silesia and is about 29 years old and has been almost three years in this province That he came with Capt. Lyng from London That he was brought up a Wool- weaver (or Clothier) but is now a preacher of the Gospell to the Indians That he was ordained by Ludawick Count Zenzendorff and Bishop David Nichman, is a priest of the Moravian Church, and had those orders in ffebruary last was two Years at Oly a Town 60 Miles from Philadelphia.
That when he first came over, he spent his own Money, since when he has worked for his Support & been supplyed from the Congregation as his other Brethren before Examined.
That Compassion in his Heart for the Ignorance & Condition of the Indians moved him to come & preach to them, and for that purpose he was sent, that he was not bred a Scholar and knows little or nothing of Lattin, That he preached before he was ordained it being permitted by their Church if the persons are found sound in their Doctrine, but they are not permitted to administer the Sacraments of Baptism and the Lords Supper.
That he understands very little of the Indian Language, but makes use of an Indian Interpreter who was baptized by Christian Row.
That he thought that every one might teach the Indians and that every protestant had that Liberty.
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That the late Archbishop of Canterbury acknowledged their Church to be Apostolical & Episcopal and they acknowledge King George for their Soveraign
Being required to take the Oaths, he said he had considered them and thinks the Oaths not Sinful but lawful, but it is against the Conscience to take them, because he will not offend the weaker Brethren & therefore refused them.
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