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Livingston, Robert Legal proceeding, signed by Livingston's secretary

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Gilder Lehrman Collection #: GLC03107.00011 Author/Creator: Livingston, Robert Place Written: Albany, New York Type: Manuscript document Date: 1676/08/29 Pagination: 2p. 32.5 x 20.3 cm

Summary of Content: Proceedings of case of Nicolaus van Renselaer v. Jacob Milborne and Jacob Leisler. Leisler and Milborne have returned to the Court to request that Renselaer redact all statements made about Leisler and Milborne, and that he also pay the amount awarded by the Court. Renselaer is willing to revoke all statements, but refuses to pay Leisler and Milborne. The two therefore request that Renselaer be held "in Security" until he is willing to pay the award.

Background Information: Notes: According to the Dictionary of American Biography, the dispute between Nicolaus van RenseLaer and Mssrs. Milborne and Leisler arose when they "attacked as a violation of ecclesiastical liberty the ...appointment to his church of the Anglican Dominie Nicholas van Rensselaer." American National Biography attests the dispute manifested itself as a result of political infighting in the Dutch Reformed Church. Van Rensselaer was sued by Leisler and Milborne "for having declared that Van Rensselaer's preaching did not conform to Reformed tenets. At issue was the government's appointment of Van Rensselaer to the pulpit - an act repugnant to Calvinists, who held that a minister must be called by the congregation." Van Rensselaer counter-sued Leisler and Milburne for slander. Rensselaer was eventually found guilty of slander and caused to spend time in jail, until van Rensselaer's political allies arranged for Leisler to be placed in jail in Rensselaer's place.See More

Full Transcript: At a Special Court held in Albany the 29th of Aug[ust] 1676.
Mr. Jacob Milbourne & Mr. Leisler doe Desire that dom. Renselaer may bee ordered to fullfill the sentense of ...the 23rd of this instant, in giving of Security, alleging by this, that a sentence past, without the Execution, is like a boddy without soull; & desire humbly that presently a warrant may bee served to fullfill the said sentense, or else to order his person may bee secured - according to Law; Because the Pet. will not revoce his instituted action against them, saying, that they wch. are accused in an action or Judgement, are guilty, till it is recalled, Further they say that it is done in the Church & reconsiled together but because Dom. Renselaer is not willing to pay all the Charges, they desire that the action may proceed in toto.
The worshipfull Court Fiat, and due order and authorize the Sheriffe wth. this, to putt the sentence past the 23rd of August presently to execution.
Mr Leisler & Mr Milbourne appearing againe before Court, doe declaire that dom. Renselaer a greate action Both instituted against them, apearing by the Records, and whereas they are reconsiled by good Love & arbitraion [sic], desire to know, iff don. Renselaer is willing to Revoce his actions and to pay all Charges, or Nott.
Dom. Renselaer being likewise present, declared by vertue of the foresaid reconsiliaion [sic] done by arbitrators, to Revoke and to annull the sd. action, but refused to pay all Charges. [1]
The Mr.s Leisler & Milborne, cane not understand to bee liable to the Charges, rather willing that the action shall remain in toto.
Dom. Renselaer, (after hee hadth Considerd a little wile, doth refuse to Pay the charges.
Leisler & Milborne disire instantly that the sentense past the 23rd of this instant may bee putt to execution, specially for the putting in of Security, and that the Sheriffe may bee authorized for the performance there off.
Dom: Renselaer referrett the action for the exp[ens]es to the worshipfull Court, or to the Peace makers.
The Worshipfull Court having heard the partyes, doe order the Sheriffe, to prese into the action Conserning the Caution, imposed to Dom: Renselaer.
Agreet wth. the Origenall minute, the knowledge of mee.
R. Livingston Secy.
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Historical Era: Colonization and Settlement, 1585-1763

Subjects: FinanceLawJudiciaryGovernment and CivicsReligion

Sub Era:

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