Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 297 words

Constal)les of the said Town, Avliereby 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 w^as thus constrained to Appear before tlie 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 oifence, which could Authorize such a procedure against him, or in the least expose him to the Imputation of being Dangerous to Government, or a Distm-ber of the Peace, no Charge of that natiu-e being exhibited against him: Yet being a Stranger to the Laws, and Imving no objection to swear Allegiance to his Majesty, when called upon by Lawful Authority; he Submitted to take the said Oaths, and was tlien set at Liberty.

That the Petitioner on Enquiry is since informed tliat the said Justices had no Dedimas Potestatim Commission or Authority to Compel him to take or autliorize them to administer the said Oaths; But that they being the Heads of one of the Parties wdio were in Difference in the said Church: And the said Johannis Hardenbergli being the Father in Law of the said Hermanns Myer, had under Colom* of their Office arbitrarily and unwarrantably assumed and exerted that Power, merely to serve the purpose of their Party.