USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 15
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JOHANNS CLUTE
Cornelis van Dyck Dirck Wesselsz
In my presence, ROT. LIVINGSTON, Secretary
I, the undersigned, Johan Vries, a knowledge and declare that I have duly received the contents of the aforesaid bond or mortgage
149
DEEDS 1678-1704
in the form of twenty-five beavers by the hand of Johan Cloet, nephew and heir of Capt. Johannes Cloet, deceased, releasing him from all further demands. Albany the 11th of June 1686.
JOHAN FRIESE
Testes :
Jan Jansz Bleecker
Rot. Livingston, Cl.
Deed from Annetje van Schaick, widow of Goosen Gerritsen van Schaick, to Anthony van Schaick for land at Half Moon (not executed)
[137] Appeared before me, Robt. Livingston, secretary of Albany, colony of Rensselaerswyk and Schinnechtady, etc., in presence of the Honorable Mr Cornelis van Dyk and Mr Dirk Wessells, magis- trates of the same jurisdiction, Annetie van Schayk, widow of the late Goose Gerritse van Schayk who declared that in true, rightful and free ownership she grants, conveys and makes over hereby in real and actual possession to and for the behoof of Anthonie Goosense van Schayk her farm lying on the Island of Cahoos and all her right therein, as well lands, house, barn and ricks as also her rights in land lying above the fourth Spruyt,1 excepting the farm of Harman Lievense, the farm of Jan van Ness, the farm of Barent Albertse Bratt, the farm of Geurt Hendrix and the farm of Jan Jacobse van Noorstrant and likewise the farm of Roeloff Gerritse ; which she, the grantor, does by virtue of a patent granted to Phil: Pieterse Schuyler and her husband, deceased, in company, by the late Governor General François Lovelace under date of the 30th of March 1672, which Phil: Shuyler's half was conveyed to her, the grantor, on the 12th of July 1681, to all of which reference is herein made; and that free and unincumbered without any charges thereon or issuing out of the same (saving the lord's right), without the grantor's making any further claim in the least thereto, acknowledg- ing that she is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Antho. van Shayk, his heirs, successors or assigns, to do with and dispose of the aforesaid farm, house, barn, ricks and other land lying over the fourth spruyt to her, the grantor, hereto- fore belonging, together with all rights and privileges which she has had therein (excepting the six farms of the aforesaid six persons),
1 Literally, " sprout," referring to a branch or fork of the Mohawk river.
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EARLY RECORDS OF ALBANY
as he might do with his own patrimonial estate and effects, promis- ing to warrant and defend the same against all persons from all trouble, claims and incumbrances according to law and further nevermore to do nor cause anything to be done contrary hereto in any manner, binding herself thereto as by law provided. Done in Albany, the 17th November 1681.
It is specially stipulated between the grantor and the grantee be- fore the signing of this conveyance that if the Indians shall make any claims to any of the aforesaid lands, whether due to hostile feeling or otherwise, or if any other persons shall make any pre- tensions thereto, Antho. van Shayk shall save said Annetje van Shayk harmless and take all such charges upon himself she, the grantor, now renouncing her interest therein.1
Deed from Robert Sanders to Pieter Pietersen van Woggelum for a piece of woodland to the south of Piskawen kill
[138 blank; 139] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, in pres- ence of the Honorable Mr Cornelis van Dyck and Mr Dirk Wessells, magistrates of said jurisdiction, Robert Sanders, who declared that he conveyed and made over in true, rightful and free ownership to and for the behoof of Pieter Pieterse van Woggelum a certain piece of woodland into which extends a certain swamp,2 the same being the whole of the said grantor's interest on the south side of Piskawen kill,3 which he conveys to said Pr. Pieterse, so that said kill is now their division line; which he, the grantor, does by virtue of the pat- ent to him granted by the Honorable Governor General Sir Edmund Andross, dated the 22d day of March 1633;4 and that free and unincumbered, without any charges thereon or issuing out of the same (saving the lord's right), and without the grantor's making any further claim thereto, acknowledging that he is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforesaid Pieter Pieters van Woggelum, his heirs, successors or assigns, to do with
1 The deed is canceled and underneath is written: This conveyance was written anew the 9th of August 1682.
2 waerinne Seekere vlye is streckende.
3 A stream between Troy and Lansingburg, N. Y.
4 This should apparently be March 25, 1680, when a patent was granted to Robert Sanders for "a certain parcell or piece of woodland Lyeing on the East side of the North. River above Albany to the South of Robert Sanders Farme or Bowery called by the Indyan name of Popqassick which sd Land as also a Small Island neare thereunto com[m]only knowne by the name of the whale fishing Island, was purchased of the Native Indyan Proprietorrs." See Indian deed for this land on p. 27-28.
151
DEEDS 1678-1704
and dispose of the aforesaid piece of woodland lying on the south side of Piskawen kill, as he might do with his own patrimonial estate and effects, promising to warrant and defend the same against all persons from all lawful liens, claims and incumbrances and fur- ther nevermore to do, nor cause anything to be done, contrary hereto in any manner, binding himself thereto as by law provided. Done in Albany, the 19th of December 1681.
Cornelis van Dyck Dirck Wesselsz
ROBBERT SANDERSZ
In my presence, ROT. LIVINGSTON, Secretary
Deed from Mohawk sachems to Jan Mangelse for a piece of woodland at Canastagioene (Niskayuna)
[140] On this day the 4th of March 168} appeared before their honors of the court of Albany the following Maquas chiefs, to wit, Rhode, sachem (Sakamaker) of the first Castle, Sagoddiochquisax of the second Castle and Todarasse who takes the place of Caniachkoo, his grandfather, deceased, who in accordance with the declaration of the Maquas sachems to the proposition made the 2d of this month, declared that out of good friendship and affection they granted, conveyed and made over by way of gift to Jan Man- gelse a certain piece of woodland on which some bushes (Stravellen) stand, lying near Canastagioene on the other side of the river, ex- tending up the river, beginning from the uppermost end of Ryk Claese's land where the tree is marked with the mark of Harme Vedder and Barent Ryndertse and stretches along the river over a certain kill named by them Otskondaraogoo, which they also to- gether with the water course convey to him, and further on to a large black bark oak tree, on which the mark of the grantors and the mark or name of Jan Mangelse have been put, and stretches northward up into the woods so far as said Jan Mangelse or his heirs shall have occasion to use the same whether for arable or pas- ture land as he shall think best; which they, the grantors, do free and unincumbered as they have possessed the same, with all appur- tenances and dependencies thereto belonging, giving him herewith full power to do with and dispose of the aforesaid land and kill as he might do with his own patrimonial estate and effects, relin- quishing said land henceforth now and forever, conveying the same fully to the said Jan Mangelse, his heirs, successors or assigns,
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EARLY RECORDS OF ALBANY
promising nevermore to do nor cause anything to be done contrary hereto in any manner, with or without legal process. Thus done and confirmed with our signatures on the date above written in Albany.
The mark X of TODARASSE, made with his own hand. The snake.
In presence of us : Corn. van Dyck
Dirck Wesselss Johs. Provoost Jan Jansz Bleecker
The mark X of Rhode, made with his own hand. A woman.
The mark X of SAGODDIOCHQUISAX,
made with his own hand. The Sun. Interpreted by AERNT. CORNELISE VIELE. In my presence, ROT. LIVINGSTON, Secretary
Deed from Mohawk sachems to Claes van Boeckhoven for a piece of woodland at Canastagioene (Niskayuna)
[14I] On this 4th day of March 168} the following Maquase chiefs [appeared] in presence of the court of Albany, to wit, Rhode, sachem of the first Castle, Saggoddiochquisax of the second Castle and Todovasse, whose grandfather was Caniachkoo, also of the first Castle, acting in the name of the whole Maquas nation, who declared that they had granted to Claes van Boekhooven 1 certain privileges in addition to [those set forth in the deed of] purchase of the land belonging to him, sold to Barent Ryndertse and Harme Vedder under date of the 26 July 5 Aug 1667,2 wherein it was stipulated that they should use the woodland with their neighbors as a pasture for their cattle. But now they declare that they grant and convey to him, Claes van Boekhoven, and to those who acquired his right or participate therein, the woodland and meadow (vly) lying north- wards within the limits of the two trees marked with the mark of Bart. Rynderse and Harme Vedder, to cultivate, plant, pasture and use the same as he or they may see fit, only reserving the right of the Maquas to have free wood and hunting there without contradic- tion ; conveying and making over said land in true and lawful owner- ship to said Claes van Boekhooven and his associates or participants, their heirs and successors forever, wholly relinquishing all claims
1 Also referred to as Claes Jansen van Bockhoven, and Claes de Braebander. 2 No record of this Indian deed is found, nor does there seem to be any record of the patent of May 19, 1671, to Harmen Vedder and Barent Reynd- ertsen, referred to in the deed from the latter to Claes van Boeckhoven and Ryck Claessen, October 31, 1677, for which see Early Records of Albany, I : 166-67.
I53
DEEDS 1678-1704
on said woodland and meadow (vley) excepting only firewood and free hunting as above specified, promising in their capacity aforesaid nevermore to do nor cause anything to be done contrary hereto in any manner, under binding obligation as by law provided. Thus done and confirmed with our signatures in Albany on the day aforenamed.
In presence of us : Corn. van Dyck
Dirck Wesselsz
Joh: Provoost Jan Jansz Bleecker
The mark of X TODORASSE, made with his own hand. The snake. The mark of X SAGODDIOCHQUISAX. The sun.
The mark of X RODE, made with his own hand. Is a woman.
In my presence,
ROT. LIVINGSTON, Secretary Interpreted by AERNT. CORN: VIELE.
Lease of land at Catskill from Cornelis van Dyck, husband and guardian of the widow of Silvester Salisbury, to Andries Jansen and Hendrick Jansen
[142] On this 23d day of March 168}, appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schinnechtady, etc., and the afternamed witnesses, Mr Cornelis van Dyk, husband and guardian of Elisabeth Beek, late widow of Capt. Silvester Salisbury, of the one side, and Andries Janse, eld- est son of Jan Thomase, and Hendrik Janse, his brother, of the other side, who declared that in all love and friendship they had contracted and agreed with each other about the hire of his, van Dyk's, just half of and claim to the arable land at Catskill held jointly with Marte Gerritse,1 in form and manner following, to wit :
I The said Mr Cornelis van Dyck acknowledges that he has leased and Andries and Hendrik Janse aforenamed that they have hired of him his half of the arable land lying in Katskill, con- sisting of the half of two flats, viz, the first where Gert. Teunise lives and the second called Potick, and that for the time of ten suc- cessive years which shall begin on the first of May 1682 and end the first of May 162, new style.
2 The lessee may cultivate, plant and sow said land during the term of said lease to his profit.
1 Cf. Deed from Catskill and Mahikan Indians, July 8, 1678.
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EARLY RECORDS OF ALBANY
3 In case of à general war, which may God avert, the damage shall fall wholly upon the lessor during the first eight years, but if the lessor shall bear the risk for the last two years also, then the lessee shall pay rent or hire for said land according to the decision of two impartial persons, always with the understanding that it shall be left to the lessee's choice to bear the risk, in which case he shall be free from rent; furthermore, other accidents such as fire, etc. shall be wholly at the risk of the lessee.
4 The lessor shall deliver upon the said land, four milch cows and four draught horses, to wit, three mares and one stallion, one- half the increase of which shall belong to each party but so soon as there shall be an increase of eight cows, the lessor's half, to wit, four cows, shall remain with the first delivered cows, making the [143] number of eight milch cows, the half of the increase of which the parties shall thereafter receive; which number as likewise the horses shall be delivered up at the end of the lease.
5 The lessee shall not be permitted to sow more than forty skipples of winter wheat the last year, one-half of which shall be the lessor's and the remaining half he or the following lessee shall have at the valuation placed upon it by impartial persons ; he, the lessee, shall also have no right to sell, remove or carry away any in- crease of the horses or cattle without consent of the lessor.
6 As rental of the said land, the said Ands. and Hendrik Janse, at the end of ten years, shall deliver a proper dwelling house of twenty-two and a half feet square, covered with shingles and having a stone cellar as large as the house, which house shall be delivered over, glass, roof, floor, and wall, tight; likewise a barn of fifty-two and a half feet long and as wide as the barn which Marte Gerritse has built there which they shall deliver over in substantial and good repair as to wall and roof; with a proper protecting fence about the arable land, that is to say about the half of the nearest land, according to the judgment of impartial persons ; likewise to plant an orchard which must consist of two hundred fruit trees, but the lessor is holden to furnish the trees, which they at the end of the lease must deliver over in a good fence; also a good fence about the homestead; in like manner as a yearly quit rent 25 pounds of butter to commence in May 1683.
7 The lessees shall cut and dig out all the useless trees and stumps of the nearest land which may in any way hinder the plowing and planting.
I55
DEEDS 1678-1704
8 It is further stipulated that the lessees shall have the half of the land of Potick during the aforenamed term of the lease, for which they shall pay to the lessor yearly the quantity of fifty skip- ples of wheat or a hundred skipples of maize at the option of the lessees, but if the lessees do not desire to hold said land Potek any longer they shall be released from this obligation.
[144] For the performance and execution of the aforesaid con- ditions the lessees bind their persons and estates, real and personal, present and future, nothing excepted, submitting the same to the authority of all lords, courts, tribunals and judges.
Thus done in the presence of Mr Jan Janse Bleecker and Jacob Sanders Glenn, called as witnesses hereto, in Albany on the date above written.
Testes :
Jan Jansz Bleecker
Jacob Sand: Glen
CORNELIS VAN DYCK
ANDRIES JANSE
HENDRICK JANSEN
r
In my presence, ROT. LIVINGSTON, Secretary
Deed from William Loveridge, senior, to Jacob Staas for two houses and lots in Albany
[145] Appeared before me, Rot. Livingston, secretary of Al- bany, colony of Renselaerswyk and Schaenhechtady, etc., in pres- ence of the Honorable Mr Dirk Wessells and Mr Jan Janse Bleeker, magistrates of the same jurisdiction, Mr William Loveridge, senior, hatter, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Mr Jacob Staas certain, the grantor's, two houses and lots standing and lying here in Albany, between the town hall (Stadthuys) and the house of Cornet Pieter Schuyler ; the large house is in breadth in front on the street forty wood feet, three and a half inches, and in the rear at the end of the lot of the small house thirty wood feet, and in the rear on the river bank (strant) in breadth twenty-eight wood feet, and in length to the river bank, which house and lot are situated to the north of the town hall; which he, the grantor, does by virtue of the conveyance received by him from Pieter Jacobse Bors- boom on the 30th of September 1671,1 to which reference is herein made; the adjoining house is in breadth on the street twenty- four wood feet, length back fifty-five feet, breadth [in the rear]
1 See Early Records of Albany, 1 :488-89.
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EARLY RECORDS OF ALBANY
eight feet, which house and lot lies between the large house speci- fied above and Cornet Pieter Schuyler ; which he, the grantor, does by virtue of the conveyance received by him from Arent Jacobse, dated the Sth of March 1677;1 it is to be noted also that the honorable grantor likewise grants his rights in a few feet of ground bought by Pr. Jacobse Borsboom of Sander Leendertse, which is also comprehended herein, and extending likewise to the King's house [town hall] ; all free and unincumbered, without any charges thereon, or issuing out of the same (saving the lord's right), without the grantor's having any further claim in the least thereon, acknowledging himself to be fully paid and satisfied there- for, the first penny with the last, therefore giving plenam actionem cessam and full power [146] to the aforenamed Jacob Staas, his heirs, successors, or assigns to do with and dispose of the aforesaid two houses and lots as he could do with his own patrimonial estate and effects, promising to warrant and defend the same against all persons from all trouble, claims and incumbrances according to law and further nevermore to do nor cause anything to be done con- trary hereto in any manner, under binding obligation as by law provided.
Done in Albany, this 17th of May 1682.
WILLIAM LOVERIDGE
Dirck Wesselss Jan Jansz Bleecker
In my presence, ROT. LIVINGSTON, Secretary
Bond of Pieter Meussen Vrooman, husband of the widow of Ger- rit Jansen Stavast, to Hendrick Cuyler, attorney for the heirs of Michiel Lambertsen van Bree, for the payment of one hun- dred beavers in settlement of a debt due by said Stavast to Van Bree, Jacob Meussen Vrooman mortgaging his house as security ; with satisfaction of mortgage
[147] Appeared before me, Robt. Livingston, secretary of Al- bany, colony of Renselaerswyk and Schaenhechtady, etc., in pres- ence of the Honorable Mr Cornelis van Dyk and Mr Dirk Wessells, magistrates of said jurisdiction, Mr Hendrik Cuyler, trader and resident here, who with Mr Abraham d'Peyster was made attorney at Haerlem in Holland of the heirs of Michiel Lambertse van Bree in a certain action of debt respecting some pieces of linen bought
1 See Early Records of Albany, 1 :178-79.
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DEEDS 1678-1704
by Gert. Janse Stavast there of said Van Bree, for which said Gert. Janse Stavast on the 30th November 1661 gave a promis- sory note in the sum of fourteen hundred and thirty-one Carolus guilders, one stiver, at 40 Flemish groats the guilder, with interest at six per cent to the final and effectual payment thereof, on which said Van Bree obtained judgment in the year 1663 on the 27th of January, the aforesaid Gert. Janse Stavast and his wife Volkje Pieterse being here in this country, where said Gert. Janse Stavast died and the said Volkje Pieterse, his widow a second time entered into wedlock with a certain Pieter Meuse Vrooman; the aforesaid judgment with power of attorney to the aforesaid Hend: Cuyler and Abraham d'Peyster having meanwhile arrived here, said at- torneys brought suit against the aforesaid Pieter Meuse by virtue of his marriage relation, but the matter being yet undecided, they have in love and friendship agreed and contracted together that the aforesaid Pieter Meuse Vrooman shall pay to the aforesaid Hend : Cuyler or order the sum of one hundred merchantable beav- ers or the just value thereof, whether in beavers, seawan, silver money, or wheat at market price, to be paid in four payments, each time a fourth part, to wit, anno 1682, in the month of September, the first ; anno 1683 the second and so on every year until the effectual payment thereof, and the last payment being made said Kuyler [148] promises said Pieter Meuse Vrooman or his assigns to put said promissory note and judgment in their hands and duly to re- lease him from all further claims; for which payment of one hun- dred beavers aforenamed Jacob Meuse Vrooman constitutes him- self surety as principal debtor, for the aforenamed Pr. Meuse Vrooman, promising all failures in the payment of the aforesaid sum which may happen to make good and pay as his own debt, for which he specially binds his, Jacob Meuse's, new house standing and lying here in Albany on the Coestraet (Cow street) between Hans Hendrix and Barent the miller's except that those who have any claims on said lot shall be preferred, the same being not yet fully paid for, and generally his person and estate, real and per- sonal, nothing excepted, submitting the same to the authority of all lords, courts, tribunals and judges; for security of which debt, and for the freeing of him from all harm, Peter Meuse Vrooman on the other hand pledges to his brother Jacob Meuse Vrooman specially and in the most permanent manner conveys and makes over all the movable goods mentioned in the inventory made by the sheriff under date of the 13th of May last by order of the court in
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EARLY RECORDS OF ALBANY
the form of an attachment in the matter aforesaid, which by four good men nominated by the court were appraised at f691 in beavers ; likewise he, Pieter Meuse Vrooman, pledges and fully conveys hereby to his brother Jacob Meuse Vrooman, all his account book, with all the outstanding debts and credits therein contained, without any reservation or exception whatever [149] but delivering over the same to him, Jacob Meuse, fully with the aforesaid inventory and the goods therein specified, together with all the effects and goods which he, Pr. Meuse, may acquire, as well having as to have, noth- ing excepted, submitting the same in full ownership of Jacob Meuse Vrooman aforesaid, even as if they were his own patrimonial goods and effects, which transfer of said mentioned goods, books and other effects to be acquired shall be directed to the effectual payment of the aforenamed hundred beavers. Thus done without fraud, all honestly and in good faith with the consent of the said Mr Hend: Cuyler, Pr. Meuse and Jacob Meuse Vrooman, an instru- ment hereof in debita forma is drawn up and executed within the town of Albany in America on the 10th June 1682.
Cornelis van Dyck Dirck Wesselss
HENDRICK COYLER PIETER MEESEN VROOMAN JACOB MEESSE VROMAN
In my presence, ROT. LIVINGSTON, Secretary
Memorandum - that on the 17th August 1686 Hendrik Cuy- ler came before the secretary and declared that he had received full satisfaction and payment of the hundred beavers comprehended in the aforesaid instrument, to wit twenty-five beavers, being the first payment of Pr. Meese Vroman and the remaining three pay- ments of seventy-five beavers in full of Jacob Meese Vrooman also mentioned as surety in said instrument, therefore freeing them, their heirs, executors and administrators, from all claims by these presents. In witness whereof signed with his own hand in Albany on the date above written.
HENDRICK COYLER In my presence, ROT. LIVINGSTON, Secretary
159
DEEDS 1678-1704
Deed from Jan van Eps, representing the heirs of Maritje Damen, to Harmanus Burgersen for a garden without the town of Albany behind the old fort
[150] Appeared before me, Rot. Livingston, secretary of Al- bany, colony of Renselaerswyk and Schaenhechtady, etc., in pres- ence of the Honorable Mr Cornelis van Dyk and Mr Dirk Wessells, magistrates of the same jurisdiction, Jan van Eps, son of Maritie Daeme, deceased, empowered by Gert. Banker and Marte Cregier, also heirs of said Maritje Daeme and hereby declared that he grants, conveys and makes over in true, rightful and free owner- ship to and for the behoof of Harmanus Burgerse a certain gar- den lying without the town of Albany behind the old fort, adjoin- ing south by east the public road, to the west the pasture formerly belonging to Capt. Jan Cloet and now to Robt. Sanders and Myndt. Harmerise,1 to the north the garden of Evert Luycasse close by lot No. 26, being in breadth five rods and in length seven rods; which they, the grantors, do by virtue of the patent granted to Cornelis van Ness, husband and guardian of the late Maritje Daeme, by the late Governor General Richd. Nicolls the 27th of April 1667,2 and that free and unincumbered, without any charges thereon, or issuing out of the same (saving the lord's right), without his, the grantor's, having any further claim in the least thereon, acknowl- edging himself to be paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Harmanus Burgerse, his heirs, suc- cessors, or assigns to do with and dispose of the aforesaid garden as he could do with his own patrimonial estate and effects, prom- ising to warrant and defend the same against all persons from all trouble, claims and incumbrances according to law and further nevermore to do nor to cause anything to be done contrary hereto
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