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LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
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Plan of the City of allamy about the year 1110. fort.
93:40.
cow is ants paul
LITH O HOH PLEASE ALBANY.
From the Original Surrey by Rob! Yates. In the Possession of the Honte G. Y Lansing.
THE
ANNAL'S OF ALBANY.
BY. J. MUNSELL.
VOL. IV.
ALBANY :
JOEL MUNSELL, 78 STATE STREET.
1853.
Digitized by the Internet Archive in 2018 with funding from University of Illinois Urbana-Champaign
https://archive.org/details/annalsofalbany04muns_0
974.74
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PREFACE.
It has been said, truly, that antiquity has a just claim upon our veneration. But it does not follow, as has also been said in the same connection, that the enthusiastic ntiquary, peering into the murky recesses of the olden ges, till his eyes become dim with ancient dust, must necessarily be wholly blind to the splendid realities of he present. The past and the present are equally the objects of preservation here.
Among the contents of this volume will be found a portion of the Albany Records. They disclose the mo- ives which induced Gov. Stuyvesant to insist, with so nuch resolution, upon the boundaries of Fort Orange, low the city of Albany. His employers at home strenu- usly inculcated an energetic defence of the title to the premises against the patroon. The notes at the bottom of the pages of these records, in British New York cur- ency, are the work of the translator, and seem to be liscrepant, although the translator should have had the est knowledge of the subject. The same remark is nade of the guilders reduced to English currency in pa- 'entheses.
The current annals of the year are almost confined to necrolegy ; repetitions of events of daily occurrence, leeding a greater lapse of time to give them sufficient lignity in print, have been somewhat abridged.
152291
CONTENTS.
Records of the Court of Assize, . 7
Capitulation of the Dutch to the English, . 28 Charter of Liberties and Privileges, 32 Albany Records, . 40
City Records, 1699 to 1705, 98
Plan of Albany, 1676,. . 200
Acts relating to Albany, 1691 to 1713,. 203
Rochefoucault-Liancourt in Albany, 219
Burning of Schenectady,. 240
Inscriptions in the Episcopal Burial Ground,. 277
Notes from the Newspapers, . 306
Objections to the adoption of the Constitution, 336 Plan of Albany, 1765,. 344 Annals of the year 1852,. 345
Real and Personal Property assessed, 1852, 385 Rain Tables, 388
Governors under the English Dynasty, 394
Opening and Closing of the River,. 391 Index, 395
ILLUSTRATIONS.
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Plan of Albany, 1770, ..
Frontispiece.
Plan of Albany, 1676,
200
Cohoes Falls .. 233 Plan of Albany, 1765, 344 Taylor Monument,. 300
Old City Hall, ..
326
ANNALS OF ALBANY.
RECORDS
OF
THE COURT OF ASSIZE.
From a Volume in the Office of the Secretary of State .*
New York, Sept. 27th, 1666.
William Teller Plaintiff, Cornelius Bogardus Defendant. An appeal from a verdict obtained in the Court at Albany.
William Teller Plaintiff. The Executors of Cornelius Bogardus Defendants. Mr. Rider and Mr. Sharp attorneys for Plaintiff.
They put in a Declaration complaining against the Judgment of the Court at Albany, whereby the Plaintiff was ordered to give in a Particular of his Estate, as it was at ye Decease of his former wife that her children's . portions might bee ascertained and secured. He Alledges his ignorance of the Customes at Albany at that time so omitted, but gave it in Gross as hee was informed other had done before him; That it was absolutely impossible for him to comply with said Judgment, the property of divers things being altered, and it being so long since that many things are out of his minde, but hee is ready to sweare to what hee formerly gave in. A Copy was read, of the Plaintiffs giving in security to the Weesmasters for Three Thousand five hundred Guilders for the Children,
* Only such matters as relate to the city of Albany and its inha- bitants are copied from these records, which were kept in the city of New York, immediately after it came into the hands of the English
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Records of the Court of Assize.
before his Second Marriage, which was published at Alba- ny and in this City. That no exception was then made against it, so the Plaintiff tooke it for graunted, hec had performed his duty.
Goosen Garretsens Evidence was read.
Mr. Bogardus appeares for the Defendants and putts in an Answer to the Declaration, and produces Proofes to make the Plaintiff's fraud to appeare. Hee produces also, Depositions from severall other persons, which were ob- jected against, as taken since ye Tryall at Albany.
The Court having heard the Case debated at large and examined the proofcs and Testimonyes on both parts, do thinke fit to Order and Decree as followeth (vizt.)
William Teller Plaintiff. The Executors of Cornelius Bogardus Defendants.
At the Generall Court of Assizes, &c. The Court doth Decree, That in regard ye Apellant did not, according to the Law and Custome of ye Country where hee Inhabitts (in such Cases Provided) give in a peculiar Account of his Estate to ye Weesmasters or Overseers for Orphans, who are persons appointed to receive the same whereby the Court hath reason to suspect, that the Children are de- frauded of their due Rights Therefore the said Apellant shall pay to each of the Children hee had by his former wife, the Sume of Eighty five Bevers, over and above what his Daughter Helena, the widdow of Cornelius Bogardus, hath received And that the said Appellant do put in Se- curity to the Weesmasters or Overseers of Orphans at Albany, for the due performance hereof And further, That the said Weesmasters and Overseers are hereby re- quired and Authorized to put this Decree in Execution according to the true intent and meaning hereof, And also, that the said Appellant do pay the Costs of Court and Charges.
Nov. 4th, 1669 .- That ye Lawes relating here ul.'s (uniformity of Weights &c.) shall be put in execution. The time for ye Inhabitants of this Citty of New Yorke Long Island & places adjacent to begin on ye first day of January next, & for ye Towne of Albany, Rensselaerswijk,
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Records of the Court of Assize.
Schanecktade, als Kingston, Esopus and these paris adja- cent on ye 1st day of Aprill, by which tyme all persons that sell either by weight or measure are to be provided with weights and measures according to ye English stand- ard of which ye Officers in each respective place are to take care, & that no person shall presume to sell by any other weight or measure.
The Governor's Letter to ye Commissaries at Albany.
Gentlemen-There hath beene with the Governor Pere- wyr lately chosen Sachem of y: Hackingsack Tappan & Staten Island Indians to renew and acknowledg ye peace between them and the Xprime here & with all declared y' peace made between them & ye Maques & Syunaks Indians, The which they say they are resolved to keep inviolably. The Governor hath comaunded me to signify ye same unto you & you may putt it upon record there as it will be here to be a Testimony against those that shall make ye first breach. This is all at present from Gent, Your very Loving freind New York, August 13th, 1669.
To ye Commissaries at Albany, These.
The Governor's Letter to ye Schout at Albany.
Mr. G. Swart-I understand that in taking ye security of Captain Baker, for his appearance at ye Assizes you tooke an Inventory of all his goods and engaged them likewise ye which you had no direction to do the Assizes being putt of for a month your former bond stands good, but in ye meane tyme you are no way to molest Captain Baker in ye disposall of his goods either by way of Trade or any other occasione he shall have for them so that he make not away all his Estate with fraudulent intent to deceive ye course of Law and Justice which is all I have w/say at present being
Your Loving freind F. LOVELACE.
New Yorke, October 2d, 1669.
For Mr. G. Swart Schout at Albany, These.
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Records of the Court of Assize.
The Governor's Letter to the Schout and .Commissaryes at Albany.
Gentlemen-The Governor hath received ye proposi- tions you sent from ye Matucander Indians a Copy where of he doth intend to transmitt to Governour Winthrop from whom he dayly Expects a returne of all ye former papers of which you will have an Acct. The Governour hath given me Orders to acquaint you that he would have you as formerly to provyde a scow to help ye souldiers in their provision of fire wood against winter which is all at present from Your Loving freind
MATTHIAS NICOLLS.
October 27th, 1669.
To ye Schout & Commissaryes at Albany.
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The Governour's Commission for Jan Juriaens Becker to be publique notary at Albany.
Francis Lovelace Esquire, one of ye gentlemen &c.
Whereas It is thought convenient that there should be a publique Notary at Albany as formerly in which place at present there is no person to Execute that office & having conceived a good opinion of ye Capacity and fittness of Jan Jurians Becker upon ye Recommendations given of him to me I have thought fitt to nominate & appoint & by this my present Commission I do nominate Constitute & appoint him ye said Jan Jurians Becker to be publique Notary for ye Town of Albany, Rensselaerswijck, Scha- nectade & places adjacent. By virtue of which Commis- sion he hath power to attest any Deeds, Instruments, wills Testaments Codicell, contracts, Agreements or any other Acte or Actes as publique Notaryes have usually power to doe as also to take & receive such privileges & advan- tages as to ye office of a publique Notary doth any way belong or appertaine He taking ye oath in ye Lawes ap- pointed for ye due performance of ye Trust reposed in him. Given under my hand & sealed with ye Seale of ye Colony at Fort James in New Yorke this Ist day of No- vember in ye 21st year of his Majesties Raigne Anno Do- mini 1669.
Records of the Court of Assize.
An Order concerning Weights and Measures.
Whereas by an Acte of ye last Generall Court of Assizes' It was ordered That all weights & measures to be used within this Government should be brought to the English standard & that no goods or comodityes should be either bought or Sould by any other weight or measure in this Citty of New Yorke, Long Island & places adjacent after the first day of this Instant January & at Albany, Kings- ton, and those parts after ye first day of March next under ye penalty in ye Lawe sett forth. But finding it very diffi- cult & Inconvenient to putt ye said Acte in practise at ye tymes & places prescribed for want of a sufficient quan- tity of weights and measures of ye English standard to be disposed of and disperst throughout ye Government, I Have therefore with the Advice of my Councell thought fitt & by these presents do thinke fitt to order publish & declare that it shall and may be lawfull for any person or persons within this Government to sell and buy by ye same weights and measures they have been heretofore accus. tomed unto untill ye Country can be supplied with such other weights & measures as in ye said Acte of Assizes are required for ye which all speedy Care shall be taken Alwayes provided That every one do observe & performe their Contracts ye One with ye other whether they agree to sell or buy by English or Dutch weight or measure so that no fraudulent or sinister dealing be practised for want of putting ye former Acts & Orders touching this matter in Execution. And all manner of persons are hereby injoyned to yeild obedience to this Order which is but Temporary The said Acte of ye Generall Court of Assizes or any other Acte or Lawe to ye Contrary in any wise not withstanding.
Given under my hand & Sealed with ye Seale of ye Co- lony at Fort James in New Yorke this ffirst day of January in ye 21st yeare of ye Raigne of our Soveraigne Lord Charles ye Second by ye Grace of God of England. Scot- land, France and Ireland Kinge Defender of ye faith &c. Anno Domini, 1669.
12
Records of the Court of Assize.
The Governor's Letter to Capt. Lovelace.
Brother-I Received Yours of ye 2d of April, 1670 by Jaques Cortelijou & have not since had an opportunity to returne you an answer neither was I much solicitous so to doe for my Expectations were to see you here dayly but understanding of new resolutions you have taken of goeing up to Albany & Mr. Delavalls occasion likewise calling him thither, I am very willing you should accompany him & ye rather in regard some publique affaires will occur which will require ye assistance of some commissioner for their dispatch You are there to assist Mr. Delavall in ye Execution of such things as shall tend to ye good & welfare of those partes & likewise if any private business shall fall under your consideration to determyn it as shall be agreeable to Justice & ye satisfaction of ye oppressed amongst which here haveing beene a complaint exhibited against Captain Baker by Jochem ye Baker & finding it not only difficult but too tedious to decide ye Controversy here I have thought it good to transfer ye matter to ye Magistrates at Albany together with Mr. Delavall & yourselfe as Comissioners as if authorized by ye formality of a Comission I know you will be vigilant to have an inspection into all matters that shall relate to ye publique both as to ye Garrison and Civill affayres ye account whereof I shall expect from you both not doubting but that you will comport yourselfe with such prudence & moderation as shall tend to ye firme Establishment of ye publique interest there & give me an occasion to subscribe my selfe
Your affectionate brother
FRAN: LOVELACE.
Fort James 11th of Aprill, 1670.
Instructions for Mr. Thomas Delavall & Capt. Dudley Lovelace at their arrival to Albany.
1. That they show Mr. Winthrops Letter to me to ye Magistrates there & consult what is best to be done to ye Accomplishment of a peace between ye Maquases and north Indians.
13
Records of the Court of Assize.
2. To see in what Condition ye Garrison is & to con- trive a way for ye reparation of ye ffort.
3. To state ye souldiers Accounts & informe me what is due to them that so they may be supplyed.
4. To see in what reparations ye confiscated houses are & (if an advantagious proffer) happens to contract for ye sale of them.
5. To see how ye Excise is paid & what is in Arrears and to forme it anew for ye year ensuing.
6. To Examyne into Mr. Renslaers Rent of Corne & what he is behynde & to speed it hither as likewise to put it in a certaine method ..
7. To acquaint ye Magistrates that I look upon that Church & Ministry as the porochiall Church of Albany (for it was found Establisht by my predecessors & myself ) & leave ye supportation of it to ye discretion of ye magis- trates to maintaine a minister either by way of Taxe or otherwise & that no Inhabitant of what opinion soever be Exempt but bear his proportion & that they give me an Account of their transactions in this perticular.
8. To make a prohibition that no strangers coming from hence or goeing from Albany that have no residence at Schanecktade do trade there & that ye Inhabitants of that place be likewise lymited as to their Trade with ye In- dians.
9. To inquire if it were not more advantagious to ye Towne of Albany to have another house for ye Indians at ye Entrance of ye Town below ye Hill that so ye Inhabi- tants may have an Equal benefitt of ye Trade as well those that are below as those above.
10. To prosecute ye design of raysing a Troop of horse there of ye which I recomend Mr. Renslaer to be Capt.
An Order for ye suspension of ye Ministeriall functions of Mr. Jacobus Fabritius at Albany.
Whereas upon severall Complaints ye last year made unto me by ye Magistrates of Albany against Magister Jacobus Fabritius Pastor of ye Augustan Confession in that he intrenched upon ye Civill Authority there I then thought good to suspend his ministeriall function at Albany
14
Records of the Court of Assize.
untill either by Letters or the mediation of friends he should be reconciled to ye Magistrates there & that I from them should receive a Testimony of his reconciliation the which hath in no measure performed & there being now a difference likewise depending before me betweene ye said Magister & a Burger of this Citty for ye reasons aforesaid & for some other Considerations I have thought fitt for ye present to continue ye suspention of ye said Magisters Ministeriall functions at Albany & think it not Conve- nient therefore doe order that he go not up thither untill I goe myselfe which I intend this sumer when all differ- ences betweene ye said Magister & ye Magistrates or others there may ye better be composed or ye Occasions removed by my presence. In ye mean tyme he ye said Magister Jacobus Fabritius hath liberty to Exercise his Function in theise partes as heretofore without any disturbance, pro- vided he likewise give no trouble or molestation to others differing in Judgment from him. Given under my hand at Fort James in New Yorke this 11th day of Aprill in ye 22d yeare of his Majesties Raigne, Anno Domine, 1670.
A Pardon graunted to Jan Roeloffs.
Francis Lovelace Esq., &c. Whereas Jan Roeloffs did in ye month of July, 1665 by an unhappy accident in shooting of a Gunne at unawares in one of ye streets of ye Towne of Albany wound ye body of Gerritt Verbeeck an Inhabitant of that place of which said wound he dyed. The which being strictly Examined & inquired into by ye officers there & represented to my predecessor Coll. Rich- ard Nicolls, & withall that ye said Jan Roeloffs & Gerritt Verbeeck had not any private Grudg or former difference upon any occasion between them as also that the Gunne was not knowne by ye said Jan Roeloffs to be loaden when he shott it of. The said Gerritt Verbeeck having likewise forgiven and acquitted him upon his death bed of any ill or malitious intent against him. Upon which & divers other considerations my predecessor was induced to order and promise a pardon unto ye said Jan Roeloffs for ye said fact ye which he having not unto this day procured in forme as by ye Lawe is required he being ignorant of ye
15
Records of the Court of Assize.
Customes in such cases used : Upon ye request of ye said Jan Roeloffs & at ye instance of his relations in this place that ye work of mercy begun by my predecessor might be completed his Cryme appearing to be no other than Un- happy Accident without any malitious intent, I have thought good to Ratifye & confirme what was heretofore ordered & promised by my predecessor. And by these presents do give, graunt Ratifye & confirme unto ye said Jan Roeloffs a free pardon for the aforesaid offence touch- ing yt Accidentall death of ye said Gerritt Verbraeck with a release of all forfeitures and Escheats of any Estate be- longing to him which according to ye strictnesse of ye Lawe might be Extorted from him so that he hath all priviledg to follow his vocation or calling as formerly without any Lett hinderance or disturbance from any person or persons whatsoever within this Government or any other of his Majesties Dominions upon ve occasion before specified. Given under my hand & Sealed with ye Seale of ye province at ffort James in New Yorke this Ist day of May 1670.
An Order for Jan Jurians Beecker to be Schoolmaster at Albany.
Whereas Jan Jeurians Beecker had a Graunt to keep ye Dutch school at Albany for ye teaching of youth to read & to wryte ye which was allowed of and confirmed to him by my predecessor Coll. Richard Nicolls Notwithstanding which severall others not so capable do undertake ye like some perticular tymes & seasons of ye yeare when they have no other Imployment, where by ye Schollars remov- ing from one Schoole to another do not onely give a great discouragement to ye maister who makes it his businesse all ye yeare but also are hindred & become ye more back- wards in there learning ffor ye Reasons aforesaid I have thought fitt that ye said Jan Jurians Beecker who is esteemed very capable that way shall be ye allowed school- master for ye instructing of ye youth at Albany & partes adjacent he following ye said Imployment Constantly & diligently & that no other be admitted to interrupt him It being to be presumed that ye said Beecker for ye youth
16
Records of the Court of Assize.
& Jacob Joosten who is allowed of for ye teaching of ye younger children are sufficient for that place. Given under my hand at ffort James in New Yorke this 16th day of May, 1670.
The Governor's License, granted unto John Shutte, for teaching of the English Tongue at Albany.
Whereas the teaching of the English Tongue is neces- sary in this Government; I hayc, therefore, thought fitt to give License to John Shutte to bee the English School- master at Albany: And upon condition that the said John Shutte shall not demand any more wages from each Schollar than is given by the Dutch to their Dutch School- masters, I have further granted to the said John Shutte that hee shall bee the onely English Schoolmaster at Albany.
Given under my hand, at Fort James in New York, the 12th day of October 1665. RICH'D NICOLLS.
An Order for Trentie Melgers to be a profest sworne Mid- wife at Albany.
Whereas I am given to understand that Tryntje Mel- gers ye wife of Wynant Gertse Vander pool a sworne & approved midwife at Albany in which Imployment she hath Continued for ye space of fourteene years past in good reputation not refusing her assistance but on ye con- trary affording her best help to ye poorer sorte of people out of Christian Charity as well as to ye richer sorte for reward & there being severall other less skilfull women who upon occasion will pretend to be midwives where they can gaine by it but refuse their helpe to ye poore. These presents Certifye That I doe allow of ye said Tryntie Melgers to be one of ye profest sworne midwives at Albany & that she and one more skilfull woman be only admitted to Undertake ye same there Except upon Extraordinary occasions, They continuing their Charitable assistance to ye poore & a diligent attendance on their calling. Given under my hand and Seale at ffort James in New Yorke this 27th Day of May 1670.
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Records of the Court of Assize.
An Order for Dirck Theunissen to have ye priviledg of Cutting and gelding of horses.
Whereas I am informed that it hath formerly beene a Custome in ye Collony of Renslaerswijck Albany & parts adjacent to have some knowne skilfull. person approved of & allowed for ye cutting or gelding of stone horses in those partes In which Imployment ye father of Dirk Theu- nisse Thuysman was alone settled by ye authority then in being who having well instructed his sonne in that Arte did sell and assigne over his priviledg unto ye said Dirck Theunissen his sonne. These presents Certifye all whom it may concerne that I do thinke fit to allowe of ye said Dirck Theunisen to have ye Priviledg sould him by his father as aforesaid at Albany Renslaerswijck & Schaneck- tade for cutting or gelding of such stone horses there as ye owners shall employ him about & that no other do molest him therein he performing with his best skill & diligence what he undertakes & shall be imployed upon that occasion. Given under my hand & seale at ffort James in New Yorke this 27th day of May 1670.
An Order for Maritie Damen quietly to possesse her Land at Albany.
Whereas Maritie Damen ye wife of Cornelys Van Nes of Albany did obtayne a patent from my predecessor Coll. Richard Nicolls for a certaine peice of Land called Canes- tagione ye which severall persons as I am informed who have since purchased Land neare unto it upon pretence of an Order that all those Lands should be layd & divided into Lotts doe give out that they will without ye consent of y^ owner divide & cast Lotts for ye same although she be willing of herselfe to obey the Order made concerning ye Erecting of houses in a Neighborhood: These are to require all persons whom this may Concerne That they forbeare giving any molestation or disturbance unto ye said Maritie Damen in ye Enjoyment & possession of her Land upon any pretence whatsoever, but that all matters relating thereunto doe remaine as they are untill I shall come up myselfe or send some persons to give Orders
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Records of the Court of Assize.
therein as ye nature of ye Cause shall require. Given under my hand at ffort James in New Yorke this 8th day of June 1670.
William Hoffmeyer appointed Corne Meeter at Albany.
Whereas it is Thought convenient & very necessary that some person should be employed as a sworne Corne Meeter at Albany to measure all manner of Graine or Corne that shall from thence be brought downe ye Ryver in any sloop Boate or Vessell ye which will prove as well to ye satisfaction of ye masters of such Sloopes boats or vessells who take it on board as of those who are to re- ceive ye same upon consideration hereof, I have thought fitt to nominate & appoint & by these presents do nominate & appoint William Hoffemeyer to be ye Corne Meeter at Albany who is to take an oath before ye Commissaryes of that place for ye due & carefull performance of his Im- ployment & all persons concerned after ye Publication hereof are required not to load on board any sloop, boate or vessell any sort of Grayne or Corne to be brought down ye Ryver untill it shall be first of all measured by ye sworne Corne Meeter who is to receive for his paines & trouble such reasonable allowance as is usuall in other places or shall be ordered & recommended by ye commis- saryes: Given under my hand and Seale at ffort James in New Yorke this 13th day of June in ye 22d yeare of his Majesties Raigne Anno Domini 1670.
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