Special Contract, made at Midwout (Flatbush), September 21, 1705. (In connection with the second Call of Freerman to New Utrecht alone.) We, the undersigned, whose names (hands) are subscribed hereto, hereby acknowledge that we have agreed to the following arrangements: That we, of each of the villages, namely, New Utrecht, Midwout, Breukelen and Bushwyck, shall enjoy the privilege of having the fourth part of the preaching appointments, unless it be prevented. If it be prevented, so that the people of Midwout and Breukelen should be hindered from enjoying their turns in their respective villages; that then these villages shall have their choice, whether they will have their turns at New Utrecht or at Boschwyk; and that then, wherever the preaching takes place, that village shall be obliged to hand over the collection to the persons who have given consent that the preaching should take place in their village. This copy compared with the original. It agrees therewith. G. Du Bois, V. Antonides. COUNCIL JOURNAL. Amendment of Ministry Act. 1703, May 20. His Excellency also laid before the Board the Bill entitled, "An Act for the Better Establishment for the Maintenance of the Minister of the City of New York". This had been delivered to him from the House of Representatives. 195. Ordered to a second reading. 195. Committed, May 26, 196. Passed June 2nd without amendment, 199. Enacted, June 19, 204. [See June 19, 1703.] PETITION OF THE NETHER DUTCH CHURCH OF SCHENECTADY. To his Excellency Edward Lord Viscount Cornbury her Majesty's Capt. Generall and Governour in Chiefe of the Province of New Yorke and its Dependencies, etc., and the honourable Council. The humble Petition of the Church Wardens of the Nether Dutch Church of the towne of Schoneghtede: Sheweth That the four severall towns to witt Midwout or Flatbush the Bay Newutreght & Brockland by their certain writing doth Indeavour to Draw Mr. Barnardus Freeman Present Minister of Schoneghtende from his congregation Who are not able of themselves Without Your Excellencys assistance to gett another & since that we your petitioners have been at a great charge & trouble with assistance thereunto from the County for Defraying the Considerable Charge for Mr. Barnardus Freeman's Passage and other charges that doth amount to the valiable Summe of near upon Eighty Pounds so that if the said Mr. Barnardus Freeman should be drawn from us as they Indeavour to Doe we could not Pretend that such a small Congregation as we are Can be able to send for another and they Who are of a greater Congregation could had another before this If they had not Endeavoured to deprive us their neighbours: therefore we your Lordships and Councells Petitioners humbly pray that your Lordship and Councell be Pleased to take this our great Case In Your Great Wisdom and Serious Consideration to give such Incouragements to the Instructing of the Indians that we may be more Enabled to the Paying of his Salary and your Petitioners as in duty bound Shall ever Pray. Schoneghtende the 29th 1703 ........ 1703, May 29. This refers to a day of Thanksgiving appointed in England, because of the great success of her Majesty's Armes; and order that a similar day be appointed in New York and New Jersey. Cornbury appointed April 15, for such day, 1703; but he did not dare to issue such a Proclamation in New Jersey, because his "Commission" for governing New Jersey had not yet arrived, and the people there, prone to throw off all authority, would not observe it, knowing that his Commission had not yet been received. He expresses his thanks, that his suspension of Judge Atwood, of Weaver, etc., had been confirmed. He then refers to certain persecutions by Col. Bayard and others for acts of oppression in the late Revolution. He further refers to an expected visit of Col. Nicholson, Governor of Virginia, and of Col. Dudley, when they will consider the subject of "The Charter Governments." Also, that upon the death of Gov. Hamilton, of Pennsylvania, the Quaker Council there assumed the reins of Government, even condemning people to death. This greatly startled the members of the Church of England.- Col. Docs. N. Y. iv. 1044--5. ........ ...... 1703 AN ACT TO ENABLE THE MINISTER AND ELDERS FOR THE TIME CHAPTER 128. (Passed June 19, 1703.) WHEREAS Pieter Pieret Minister of the French Protestant Church in the City of New York and John Barbarie, Paul Droillet, Elias Neau, David & Augustus Gray present Elders of the said Church are peaceably Seized and possessed of a certain Lott of ground and Church built thereon for the use of the Congregation of French Protestants in the said City Scituate & being in the street Comonly known by the name of Petticoate Lane butting northerly to the said street Southerly to the ground of Jaspar Nissepat Deced Westerly to the ground of Isaac De fforest Deced and Easterly to the Ground of Henry Van ffeurden being in Length fforty Eight ffoot Nine Inches & in Breadth in the ffront Twenty Seaven foot Seven Inches and in the rear Twenty Eight foot Six Inches of which breadth on the West side from the front to the rear is taken off and reserved three foot & three Inches for a Comon Alley. And whereas the said Minister & Elders by their Peticon have set forth that their Congregation is so much Encreased that the said Church is too small to Contain them and that they are not at present in a Capacity to Divide themselves into two Congregations praying power and Liberty by Virtue of An Act of Assembly of this Province to sell and dispose of their said Ground and Church and to purchase ground and build thereon a larger and more Convenient Church to hold to the said Minister and Elders of the said Church for the time being and to their Successors forever for the Publick worship of God in the said Congregation and for no other use whatsoever. To the intent that they the said Minister and Elders be Enabled to sell their said Ground & Church and that they and their Successors may be better qualified in Law and Enabled to purchase other Ground build a Larger Church thereon and to hold use and enjoy the same to the said Pious use forever. Be it Enacted by his Excellency the Governour and Council and Representatives of this Province in General Assembly Convened and by authority of the same, That from and after the Publicacon hereof It shall and may be Lawfull for the said Minister and Elders or the major part of them to grant bargain and sell the said ground and Church in the said street called Petticoate Lane to any person or persons or body Politick or Corporate whatsoever Quallified to purchase houses Ground or other Estate of Inheritance. And the Sale of the said Ground and Church unto any person or persons or Body Politick and Corporate whatsoever to be made by the said Minister and Elders or the major part of them is and shall be deemed and adjudged good and Effectual in the Law to all Intents Construccons and purposes whatsoever, as if the same was made by any Single person Natural born Subject of England qualified to sell A Lawful Estate of Inheritance in ffee simple and as if the same had never been appropriated to the worship of God by the said Congregation, And the said Ground and Church shall be and remain to the purchaser and purchasers thereof their Heires and Assigns for ever any Law usage Custome or pretence of right whatsoever to the Contrary or any defect or Disability in the Law whatsoever in any ways notwithstanding. And Be it further Enacted and Ordained by the Authority aforesaid that no part of the money or other Consideration arising by the sale aforesaid of the said Ground and Church shall be disposed of to any Secular or profane use whatsoever but that the same shall be expended and used in the purchasing of other more convenient Ground or Scituation and in building thereon a larger Church for the said Congregation for the Service and worship of Almighty God. And Be it further Enacted and ordained by the Authority aforesaid that from henceforward it shall and may be Lawful for the said Minister and Elders and their Successors to purchase and buy a Larger and more Convenient Tract of Ground within the said City for the Scituation of one Larger Church for the service and worship of God and to erect and build thereon a Larger Church and a Dwelling House for their Minister for the time being if they shall think fit to have hold use and enjoy the same for the use and Intent aforesaid by the name of the Minister and Elders of the French Protestant Church in the City of New York to them and their Successors for ever not Exceeding Two hundred foot Square any Law Custome or Usage to the Contrary or any former defect or disability in the Law whatsoever notwithstanding. And to the Intent that the said Minister and Elders may be the better enabled to carry on this Pious purpose and worke Be it Enacted and Ordained by the Authority aforesaid that henceforth it shall and may be Lawful for the said Minister and Elders to Collect and receive from the Members of the said Congregation or from any other person or persons whatsoever their ffree and voluntary Contribution or Benevolence towards the same for and during the space of Seven years next Ensuing and that it shall, and may be Lawful for ever thereafter for the Minister and Elders of the said Church for the time being to Contribute and Collect amongst themselves and the members of their own Congregation Such requisite And necessary Sum of money towards the Maintenance and Reparacon of their said Church Dwelling House for their Said Minister and other things appertaining thereunto any Law Custome or usage to the Contrary notwithstanding. Provided always and it is the true Intent and meaning of this Act that no manner of person or persons whatsoever within or without the said Congregation shall be Compelled or Compeliable to Contribute any Sum or Sums of money for the uses aforesaid but are left to their free and voluntary offering or ablacon & not otherways.- Colonial Laws of New York, Vol. I. pp. 526, 527, 528. AN ACT DECLARING THE ILLEGALITY OF THE PROCEEDINGS (Passed June 19, 1703.) WHEREAS in the month of ffebbry and March In the year of our Lord one thousand seven hundred and one, there was a Crafty and Malitious Prosecution against Nicholas Bayard of the Citty of New York and Alderman John Hutchins of the same Citty for pretended Crimes & Misdemeanors alleadged against them Upon which they were Indicted and sentence of Death past upon them and other Penaltyes as in Cases of High Treason which matters haveing been fully heard and Examined before her Most Sacred Majesty in Council Att the Court att St. James's the one and twentieth day of January one thousand seven hundred and two; Upon Consideration thereof her Majesty being sensible of the Undue and Illegall proceedings against the said Bayard & Hutchins was then most graciously pleased in her Royall Justice & bounty to order that her Attorney Generall here should be directed to Consent to the Reversing those sentences & to whatever else may be Requisite in the Law for the Re-instateing the said Bayard & Hutchins in their Honour and Property as if no such Prosecution had been. And forasmuch as the said Nicholas Bayard and John Hutchins are in no ways Guilty of any Crime in those matters objected against them or either of them and that her Majestys Just Pleasure and Royall Inclination for the Reliefe of her distressed subjects may take their speedy and due effect. BEE it therefore Declared & Enacted by his Excellency the Governor by and with the advice and Consent of her Majestys Council and the General Assembly of this Collony & it is hereby declared and Enacted by the Authority of the Same that the said Proceedings and Prosecutions, for the Same feigned and pretended Crimes and Misdemeanors are & were undue and Illegall and the Judgement and Judgements, sentence and sentences, against the said Coll. Bayard and Alderman Hutchins and all and every matter and thing relating thereunto are Reversed annulled and made void and of no effect to all Intents, Constructions, and Purposes whatsoever and the said Nicholas Bayard and John Hutchins hereby are and are declared and hereby Enacted to be as to their Honour and Property in the same state Right and Condition as if no such Prosecution, Tryall, Judgement, or sentence had been. And to the end that right may be done to the said Collonell Bayard and Alderman Hutchins and to the Intent that the Memory of these matters may be put into perpetuall Oblivion and that such evil Practices and Proceedings may not hereafter be brought into Example to the prejudice of any person or persons whatsoever, BEE it further Enacted by the Authority aforesaid that all Judgements & Sentences, Records Process and Proceedings and all other matters and things relateing thereunto be wholly obliterated cancelled and utterly distroyed, any Law statute or Custome to the Contrary in any wise notwithstanding.- Colonial Laws of New York, Vol. I. pp. 531, 532. AN ACT FOR THE BETTER ESTABLISHMENT OF THE MAINTENANCE FOR THE MINISTER OF THE CITY OF NEW YORK. [See MAY 20, 1703.] CHAPTER 134. (Passed June 19, 1703.) WHEREAS the Inhabitants and freeholders in the City of New York have heretofore made Divers Voluntary Contributions and Subscriptions Amongst themselves, in order to the laying the foundation of a Church and Steeple in the said Citty, and have thereby Advanced the Same so far as to the finishing the said 1703 1703 Church & the building of the Steeple to a Convenient Height above ground, with a purpose to proceed and finish the same. And Whereas before the Building the said Church (that is to Say,) in the year of our Lord 1693 An Act was made by the General Assembly of this Province, Intituled, An Act for the Settling a Ministry & raising a Maintenance for them in the City of New York, County of Richmond, West Chester and Queens County, wherein amongst other things it was provided and Enacted, That there should be Called, Inducted and Established in the City of New York a good Sufficient Protestant Minister, to Officiate and have the Care of Souls; and that there Should Annually be Assessed, Leveyed, Collected and paid for the maintenance of Such Minister, the Sum of one hundred pounds, which said sum, Since the building of the said Church, hath been paid unto Mr. William Vesey, the present Rector or Incumbent thereof, which being thought an insufficient mainteinance for the said Incumbent, by the Wardens & Vestry of the said Church, has hitherto, for Some time, been Supplied by an Addition out of the voluntary weekly collections from the Inhabitants of this City, and People frequenting that Church, which were otherwise Intended towards the perfecting the said Church and Steeple, & other pious and religious uses, The General Assembly of this province, for the better Maintenance & further Encouragement of the said Mr. William Vesey, have thought fit to Enact, AND BE IT ENACTED by his Excellency the Governor, by and with the Advice and Consent of her Majesty's Council and Representatives in General Assembly mett and Convened, and it is hereby Enacted by the authority of the Same; That in Lieu and Stead of the above said Sum of One hundred pounds mentioned to be raised and paid by the above recited Act of General Assembly, There Shall Annually and Once in every year (for and during the Natural Life of the said Mr. William Vesey, present Incumbent of the said Church, and so long as he shall Officiate as Minister of the same) be Assessed, Levyed, Collected and paid, for the Maintenance of the said Mr. William Vesey, Rector of the said Church, the Sum of One hundred and Sixty pounds Current Money of New York. And for the more regular and orderly raising The said Sum of One hundred and Sixty pounds, Bee it Enacted by the authority aforesaid, That the Justices of the Peace of the City and County of New York, or any two of them shall every year Issue their Warrants to the Constables of each respective Wards within the said City to Summons the ffreemen and freeholders of the said City together, on the Second Tuesday in January for the chusing of ten Vestrymen and two Church Wardens, and the said Justices or any two of them Shall within two Months after the said day call together the Vestrymen, so chosen as aforesaid, and they or the Major part of them, are hereby Impowered and required to lay an Equall Tax on the Inhabitants of the said City of New York, for the raising the aforesaid sum of One hundred and Sixty pounds; And be it further Enacted by the authority aforesaid, That such of the Vestrymen as shall not be present at the time Appointed to make the said tax, and thereof be Convicted by a Certificate under the hands of Such as doe Appear, and have noe Sufficient Excuse for the same, Shall respectively fforfeit five pounds Currant money aforesaid; And a Roll of the said Tax, so made shall be Delivered into the hands of the Constable of each respective ward of the said City, with a warrant Signed by any two Justices of the peace of the said City, Impowering him or them to Levy the said Tax, and upon refusal to destrain upon the Goods and Chattells of the Person or Persons so refusing and Sell the Same, by publick out-cry, and pay the money, arising by the said Sale, into the hands of the Church Wardens, first retaining to himself twelve pence in the pound for Levying thereof, and returning the Overplus, if any there shall happen to be, to the Owner. And if any person Shall refuse to pay what he is so assessed, and the said Constable or Constables do Destrain for the Same, all the Charges Expended by the said Constable or Constables, Shall be paid him or them, with such further Allowance for his or their pains as the said Justices, or any of them, shall judge reasonable. And if the said Justice or Justices Shall neglect their Duty to Issue the said Warrant, or fail in any of the premises, by him or them to be done or performed, in pursuance and Execution of this act, he or they respectively Shall forfeit the Sum of Twenty pounds Currant money aforesaid. And if the said Constable, or any of them, shall fail to do their duty herein, they shall respectively fforfeit five pounds Currant Money aforesaid. And the Church Wardens, so Chosen, shall undertake the said Office, and receive and keep a Just and true Account of the Moneys or Goods Levyed by Virtue of this Act, & the Same Issue by order of any two of the said Justices, & the Major part of the said Vestrymen, for the use, Intent and purpose aforesaid. And the Church Wardens shall, as often as thereunto required, yield an account unto the Justices and Vestrymen of all their receipts and Disbursements; And in Case they Shall neglect to do the Same they Shall respectively forfeit five pounds Currant Money aforesaid for every refusali. And be it further Enacted by the authority aforesaid. That the said ChurchWardens Shall, by warrant, as aforesaid. pay unto the said Rector the Maintenance aforesaid at four equal and quarterly payments, under the penalty of five pounds Currant Money aforesaid for every refusall, neglect or Default. And be it further Enacted by the authority aforesaid, That the fines, Penalty's and fforfeitures menconed in this act shall be one Half to the use of the poor of the said City, and the other half to him or them that Shall or will prosecute for the Same before any of her Majesties Justices of the Peace for the Citty of New York, for the time being, |