Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2, Part 19

Author: Albany County (N.Y.); Pearson, Jonathan, 1813-1887; Van Laer, Arnold J. F. (Arnold Johan Ferdinand), 1869-1955
Publication date: 1869-1919
Publisher: Albany, The University of the state of New York
Number of Pages: 452


USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 19


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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192


EARLY RECORDS OF ALBANY


Indians and nevermore to do nor cause anything to be done contrary hereto in any manner, binding themselves thereto as by law provided. Done in the Court house at Albany on the 18th of July 1683.1


The mark of X Kassh- echo, as witness.


The mark of X Man- eetpa, as witness.


The mark of X Kach- kehant, as witness.


Ger. Baxter Cornelis van Dyck


Jan Janss Bleecker


Arnout Corn: Viele, Interpreter


This is the mark X of OTTONOWAW This is the mark X of TATAEM- SHAETT


This is the mark X of TAMARAN- ACHQUAE, squaw


This is the mark X of WAWANITSA- WAW, squaw This is the mark X of NEWAMEE, the daughter of Tamaranchquae


This is the mark X of Auxys, Ot- tonowae's son's daughter


On this 18th day of July 1687 a certain lame Indian squaw called Siakanochqui of Catskil acknowledged that she had re- ceived to her full satisfaction a piece of cloth and a cotton shirt for her right and claim to a certain flat of land lying in the manor of Livingston. Which witnesses,


SIAKANOCHQUI X her mark


This signed in the presence of and interpreted by, Juffr. Salisbury 2


Deed from Adriaen Jansen Appel to Barentje Gerrits Paws, widow of Jan Harmensen Backer, for a garden outside of Albany


[190] Appeared before me, Robt. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, etc., in presence of the Honorable Mr Cornelis van Dyk and Mr Jan Janse


1 Robert Livingston received a patent for this land from Governor Thomas Dongan on November 4, 1684, in which the land is described as follows : "a certaine Tract or parcell of land lyeing and being on a Creeke on the East side of Hudsons River Comonly called or knowne by the name of Roeloffe Johnsons Kill it being in three plains called Nickanhooke Kichpa Wichquaskaka and two or three other small flatts or plaines containing in all about one hundred morgen or two hundred acres together with eighteen hundred acres of woodland lyeing and being betweene a small Creeke or Kill lyeing over against Katskill called Wachanekasseck and a place by the Indians Called Suaskahampka to the south of Roeloffe Johnsons Kill That is to say, two hundred acres alongst the River side and the rest adjoyning to the said two hundred acres and soe running back into the woods."


2 Meaning Juffrouw, or Madam Salisbury, presumably the widow of Capt. Sylvester Salisbury, who married Cornelis van Dyck. See p. 219.


193


DEEDS 1678-1704


Bleyker, magistrates of the same jurisdiction, Adriaen Janse van Leyden, commonly called Adriaen Appell, who declared that he granted, conveyed and made over in true, rightful and free owner- ship to and for the behoof of Barentje,1 widow of the late Jan Harmense Backer, a certain garden lying without Albany by No. 9, having to the south Jochim Ketelheyn, to the west Annetje Lievens, widow of Goose Gerritse, deceased, and to the north Jan Janse Bleeker, being in breadth five rods and in length seven rods ; which he, the grantor, does by virtue of the patent granted to him by the late Governor General Richd. Nicolls, of date the 22d of May 1667,2 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 claims in the least thereon, ac- knowledging that he is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Barentje Gerritse Paws, her heirs, successors or assigns to do with and dispose of the aforesaid garden as she could do with her 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 contrary hereto in any manner, binding himself thereto as by law provided.


Done in Albany, the 19th of July 1683.


Cornelis van Dyck


Jan Janss Bleecker


A : APPEL


In my presence, Rot. LIVINGSTON, Secretary


1 Barentje Gerrits Paws, or Pows, as she signs her name to the following two documents. The joint will of Jan Harmensen Backer and Barentje Gerrits Paws, dated February 16, 1683, was probated on June 5, 1683, and is in Proceedings of Justices of the Peace, 1680-85, p. 415-17. Their children having died, the testators leave their property, real and personal, to the children of the wife's sister, named Roeloff Pieterse Letwoor and Aeltje Pieters Letwoor, living at Amsterdam, or in case of their death, one half of the property to the church of the Augsburg Confession at Albany and the other half to the children of Barentje's sister, Elsie Gerrits Paws, living at New York, Elsie's daughter Annetje to have a dark gros-grain woman's skirt before any division of the estate is made.


The conveyance by Adriaen Jansen Appel would seem to have been made in settlement of some debt, as Barentje Gerrits immediately reconveyed the property to Johan Byvanck, preparatory to going to Holland.


2 This was a confirmation of the grant of October 25. 1653, to Adriaen Jansen van Leyden, alias Appel. In it the garden is described as "by No. 9: abutting to the South on Jochen Kettlehuyns to the West Pieter Broncks & to the North Gerrit Jansens being in breadth five Rod, & in length seaven Rod."


194


EARLY RECORDS OF ALBANY


Deed from Barentje Gerrits Paws, widow of Jan Harmensen Backer, to Johan Byvanck for a garden outside of Albany conveyed to her by Adriaen Jansen Appel


[191] Appeared before me, Robt. Livingston, secretary of Albany, colony of Renselaerswyk and Schinnechtady, etc., in presence of the Honorable Mr Cornelis van Dyk and Mr Jan Janse Bleker, mag- istrates of the same jurisdiction, Barentje Gerritse Paus, widow of the late Jan Harmense Backer, who declared that by virtue of her letters of administration she granted, conveyed and made over to and for the behoof of the worthy Johan Byvanck a certain gar- den lying without Albany by No. 9, having to the south Jochim Ketel- heyn, to the west Annetje Lievens, widow of Goose Gerritse, de- ceased, to the north Jan Janse Bleeker and to the west 1 the street, being in breadth five rods and in length seven rods; which she, the grantor, does by virtue of the conveyance received by her this day from Adriaen Appell, to 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 having any further claim in the least thereon, acknowledging that she is paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Johan Byvanck, his heirs, successors or assigns to do with and dis- pose of the aforesaid garden 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 contrary hereto in any manner, binding herself thereto as by law provided.


Done in Albany, the 19th of July 1683.


BARENTYEN POWS Cornelis van Dyck


Jan Jansz Bleecker


In my presence, ROT. LIVINGSTON, Secretary


Power of attorney from Barentje Gerrits Paws to Dirck Wessels and Gerrit Bancker


[192] Appeared before me, Robt. Livingston, secretary of Albany, colony of Renselaerswyk and Schinnectady, etc .. and before the afternamed witnesses Barentje Gerritse Paus, widow of the late Jan Harmense Backer, deceased, intending to depart for Holland


1 Apparently a mistake for "to the north "; see preceding deed.


195


DEEDS 1678-1704


and declared that she, the subscriber, constitutes and appoints hereby Mr Dirk Wessells, magistrate, and Mr Gert. Banker, trader here, her attorneys, specially in her absence to demand, collect and receive of diverse persons her debtors payment as well in beavers as other goods of what they owe her according to promissory notes, accounts and vouchers herewith placed in the hands of the attorneys, and of the receipts to give acquittance; also, to convey and make over her two houses, and by laws and rigor of justice to constrain all unwilling debtors to pay; to that end to observe all the terms of courts unto sentence and extreme execution thereof ; finding them- selves aggrieved by judgment or judgments they, the attorneys, are to provoke or appeal therefrom and said provocation or appeal like- wise to prosecute to the uttermost, having power also to compromise, agree, compound and contract and likewise to substitute one or more persons in their place, and furthermore all things to do in the matter aforesaid either with or without going to law which may seem to them needful and proper and as she the subscriber could do if she herself were present, [she] promising at all times to hold as good, binding and valid whatever by virtue hereof may be done and per- formed in the premises by the aforenamed attorneys, without any opposition, under binding obligation as by law provided, provided that the attorneys be holden when asked and desired to make a proper accounting, showing and return of their aforesaid trans- actions and receipts. Thus done in Albany this 19th of July 1683.


Testes : Jan Byvanck Arent Schuyler


BARENTYEN GERTS POWS


In my presence, ROT. LIVINGSTON, Secretary


Deed from Mohawk sachems to Cornelis van Dyck, Jan Jansen Bleecker, Pieter Philipsen Schuyler and Johannes Wendel for a tract of land north of Albany called Sarachtogoe


[193] Appeared before us, Capt. Gervis Baxter, commander, and the undersigned magistrates of Albany, colony of Renselaerswyk and Schinnectady the following Maqua sachems,1 owners of a cer- tain parcel of land named Sarachtogoe and by the Maquas called Ochseratonque, or otherwise Ochsechrage and by the Mahikans 2


1 Maquase Sakamakers; meaning Mohawk sachems. In the patent from Governor Dongan for this land at Saratoga to Cornelis van Dyck and his associates, dated November 4, 1684, the Dutch adjective form "Maquasse Sachems " has been retained.


2 Mahikanders; a proper noun corresponding in form to Afrikaanders, for Africans.


196


EARLY RECORDS OF ALBANY


Amissohaendiek, lying to the north of Albany on Hudson's river, to wit, Roode, Saggoddiochquisax, Aihagari and Taiskanounda,1 being of the first and second castle, who in the presence of all the Maqua sachems undertook to act in the name of all others who have any claims thereon and who declared that they granted, conveyed and made over in true, rightful and free ownership to and for the behoof of Cornelis van Dyk, Jan Janse Bleeker, Peter Phil: Schuy- ler and Johannes Wendel a certain parcel of land lying to the north of Albany, named Sarachtogee as aforesaid, beginning from the uppermost limits of the land bought of the Indians by Goose Gerritse and Philip Pieterse Schuyler, deceased, being a kill called Tioneende- houwe,2 extending northwards up along both sides of the river to the extreme land of Sarachtoge aforenamed, bounding on a kill on the east side of the river named Dionoendogeha,3 holding the same length on the west side opposite the kill, extending westwards into the woods as far as said Indian owners point out and likewise east- wards into the woods, together with all kills, creeks, woodland, trees, marshes, brush lands, hills, dales and all the appurtenances thereof, nothing whatever excepted, but the free hunting and free fishing, which they, the grantors, do as being the rightful proprietors and owners of the aforesaid lands and appurtenances thereof and convey the same to Cornelis van Dyk, Jan Janse Bleeker, Pr. Schuy- ler and Johannes Wendel, their heirs, successors, or assigns. free and [194] unincumbered, without any charges thereon or issuing out of the same, without the grantors' having any further claim in the least thereon, acknowledging that they were fully paid and satisfied therefor this day, the first penny with the last, according to contract of sale thereof made, giving therefore full power to the aforesaid Cornelis van Dyk, Jan Janse Bleeker, Pr. Schuyler and Johannes Wendel, their heirs, successors and assigns to have and to hold the aforesaid forever and therewith to do and dispose thereof as they might do with their own patrimonial estates and effects, promising to warrant and defend the same against all persons from all trouble, claims and incumbrances which may arise from either Christians or Indians, and nevermore to do nor cause anything to be done contrary hereto in any manner, binding themselves thereto as by law provided. Thus interpreted in Albany by Aernout Corn :


1 In the patent of November 4. 1684. the Indian names are spelled : " Roode, Saggodiochquesax, Aihagure and Tinskanoenda."


2 Same spelling in the patent.


3 In the patent spelled : "Dionoondehouwe."


197


DEEDS 1678-1704


Viele, interpreter, in the court house of Albany on the 26th of July Aº. Di. 1683.


As witnesses :


This is the mark X of Cannondondaw Chief Sakamaker (sachem) of the 4th Castle called Tionondoge This is the mark X of Odianne, Sakamaker, also of the 4th Castle named Tionondoge Ger. Baxter Dirck Wesselss Aernout Corn: Viele, in- terpreter


This is the mark X of RHODE, [made] with his own hand


This is the mark X of SAGGODDIOCHQUI- SAX, [made] with his own hand


This is the mark X of AIHAGARI, [made] with his own hand


This is the mark X of TAISKANOENDA


In my presence, ROBT. LIVINGSTON, Secretary


[195] Memorandum. That the Mahikans were present at the aforesaid purchase of the land of Sarachtogoe and saw the Maquas aforenamed receive the payment. Being asked if they had any right or claim to the said land, that they must now speak or forever keep silent, they declared they renounced all rights and ownership which they had therein, leaving it to the purchasers' discretion to give them something as an acknowledgment or not, inasmuch as in old times it was their land before the Maquas won it from them. And we, the undersigned, in the name of the whole nation who may have any claims thereon, declare that we release the said purchasers from all further demands as far as our nation is concerned ; whereupon the purchasers as a remembrance of said purchase gave them seven pieces of duffel, also two half casks of beer and two small casks of wine. Done in the court house of Albany, the 26th of July 1683.


Ger. Baxter Dirck Wesselsz Arnout Corn: Viele, in- terpreter


This is the mark X of NISI CAMPE, made with his own hand


This is the mark X of sachem KNAEP, made with his own hand


This is the mark X of SOQUARSE, as witness


This is the mark X of KESIIUCHAMAK In my presence,


ROT. LIVINGSTON, Secretary


198


EARLY RECORDS OF ALBANY


Propositions of the Cayugas and Onondagas relating to lands on the Susquehanna with the answer of the magistrates


[196 blank ; 197] Propositions made by the Cajouges and Onnon- dages sachems to the honorable magistrates of Albany, colony of Renselaerswyk, etc., in the court house of Albany, the 26th of September 1683.


Present


Marte Gerritse Corn : van Dyk Dirk Wessells


J. Provoost Pr. Winne Hend : van Ness J. Janse Bleker R. Preety, sheriff R. Livingston, secretary


Brothers :


We are glad to see the brothers here who represent Corlaer ; 1 we came together yesterday and heard the Great Penn, meaning the agent of Governor Penn, speak concerning the land lying upon the Susquehannes river, but saw none of the commissioners nor order from Corlaer. I have slept little during the night but meditated continually and I think the land cannot be sold without the order of Corlaer, for we made it over to this government four years ago, and therefore shall do nothing about the sale without Corlaer (mean- ing the governor general) or his order or those who represent him here. The land aforenamed belongs to us, Cajouges and Onnon- dages, alone; the other three nations, viz, the Sinnekes, Oneydes and Maquas have nothing to do therewith.


We not only made it over to Corlaer, that is the governor general, four years ago, but granted it to him to rule over it and we now again give, convey and make it over to the governor general or his representatives.


1 Meaning the governor of New York. Gov. Thomas Dongan arrived from England on August 25, 1683. When he heard of William Penn's efforts to secure the upper Susquehanna valley for himself, Dongan made a hurried visit to Albany. See J. R. Broadhead, History of the State of New York, 2:375-76.


199


DEEDS 1678-1704


In confirmation of which they have signed and sealed these pres- ents datum ut supra.


This is the mark X of THAOWERATT, sachem of Cajouge (L. S.) This is the mark X of CARACHJUNDIE, of Cajouge (L. S.) This is the mark X of OCHQUAROKICHKE, of Cajouge (L. S.)


In my presence,


ROT. LIVINGSTON, Secretary


Present ut ante


[198] Albany, the 26th of September 1683


Answers to the propositions of the Cajouges and Onnondages


We have heard your propositions and thankfully accept for Cor- laer the conveyance of the river of Susquehannes with the land lying thereon, and having seen that you have kept your word for over four years and in confirmation of your gift are about to sign and seal a conveyance for the aforenamed land, we present you with a half piece of duffell, two coverlets, two guns, three kettles, four coats, fifty pounds of lead and twenty-five pounds of powder.


In the meanwhile we will acquaint herewith his honor, the gov- ernor general, whose good affection for you you need not doubt and who upon the proper occasion will recompense you therefor.


Whereupon the sachems signed and sealed their aforesaid gift and conveyance as is to be seen on the other side [of this leaf] and accepted the aforesaid presents as full satisfaction.


Albany in the court house dato ut supra.


CORNELIS VAN DYCK DIRCK WESSELSZ JAN JANSZ BLEECKER PIETER WINNE


Deed from Mohawk sachems to Arnout Cornelissen Viele for land above Schenectady


[199] Appeared before the court of magistrates of Albany, colony of Renselaerswyk, etc., the following Maqua sachems, repre- senting all the three tribes of the Maquas, owners of a certain piece of land lying above Schinnechtady on the north side of the river, containing about 16 or 17 morgens opposite the flat occupied by Jacobus Peck, by the Maquas called Wachkeerhoha, which flat the


200


EARLY RECORDS OF ALBANY


said sachems grant, convey and make over to and for the behoof of Aernout Cornelise Viele, interpreter, in consideration that he daily takes much trouble both in journeying to their land, to the Sinnekes and to the north and in [performing] other services among the In- dians; which they, the grantors, do by virtue of being the rightful proprietors and owners of the aforesaid land and they convey the same to Aernout Cornelise, his heirs or successors, free and unin- cumbered, without any charges thereon, giving therefore full power to the aforesaid Aernout Cornelise, his heirs, or successors, or as- signs to have and to hold the aforesaid flat forever and thereof to dispose as he might do with his own patrimonial estate and that in consideration [of his services] aforenamed, promising to warrant and defend the same against all persons from all trouble, demands and claims which may hereafter arise, whether from Christians or Indians, and nevermore to do nor cause anything to be done contrary hereto in any manner, binding themselves thereto as by law provided. Thus interpreted by Akus Cornelise in the court house of Albany, the 26th of September 1683.


Dirck Wesselsz


Jan Janss Bleecker


The mark AC of


AKUS, interpreter


The mark X of TIOSKANOENDA, the tortoise


The mark X of OWEADACHANE, the bear The mark X of TAHAIADORES, the wolf


In my presence, ROT. LIVINGSTON, Secretary


Deed from Jan Jansen Bleecker, attorney for Johannes Witthart, to Robert Livingston for a house and lot on Jonkheer street at Albany


[200] Appeared before us, Joh : Provoost and Cornelis van Dyck, magistrates of Albany, colony of Renselaerswyk and Shinnechtady, the worthy Jan Janse Bleker, also a magistrate, in capacity of attor- ney for Johannes Witthart, trader in Holland, who declared that he granted, conveyed and made over to and for the behoof of Robt. Livingston a certain house and lot standing and lying here in Albany on the hill, on Jonkheer street, next to the house of said Livingston, having to the south the street, to the west the house of Phillip Foreest, cooper, to the north the lot of Isaak Verplanck and to the south 1 the corner house of Robt. Livingston aforesaid; in breadth


1 This should be: to the east the corner house of Robert Livingston; re- ferring to the house which was conveyed by Reyer Schermerhorn to Domine Nicolaus van Rensselaer and which came to Robert Livingston through his marriage with the latter's widow. See p. 16-17 (note) and 40.


201


DEEDS 1678-1704


in front on the street one rod, ten feet and one and a half inches and in the rear to the north one rod, ten feet, and in length five rods, eleven feet and two inches from which an alley of four feet extending back to the street eastwards is free as well for this house as for the other house of said Livingston; which he, the grantor, does by virtue of the conveyance received by him, Jan Witthart, from Ryer Jacobse Shermerhoorn, husband and guardian of Ariaentie Arents, late widow of Helmer Otte, deceased, being the half of the lot specified in a patent granted to J : Thomase by the late Governor General Richd. Nicolls of date the 29th of April 1667, to which reference is herein made, the other half of the said patent being the corner house wherein said Livingston dwells ; and that 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 suf- ficiently paid therefor the sum of seventy-two beavers to his content received, therefore giving plenam actionem cessam and full power to the aforenamed Robert Livingston, his heirs, successors, or assigns to do with and dispose of the aforesaid house and lot 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 contrary hereto in any manner, binding himself thereto as by law provided.


Done in Albany, the 12th of October 1683.


JAN JANSZ BLEECKER


Johannes Provoost Cornelis van Dyck


Deed from Jannetje Powell, widow of Thomas Powell, to An- dries Hansen Scherp and Jurian Collier for land at Kinder- hook


[201] Appeared before me Robt. Livingston, secretary of Albany, colony of Renselaerswyk and Shinnechtady, etc., in presence of the Honorable Mr Marte Gerritse and Mr Dirk Wessells, magistrates of the same jurisdiction, Jannetie Powel, widow of the late Tho : Pawel, deceased, who declared that she granted, conveyed and made over in true, rightful and free ownership to and for the behoof of Andries Hanse Sherp and Jurian Callier a certain parcel of wood- land lying near Kinderhoek, extending from Kinderhoek kill west- ward to the river on both sides of the path, having the full breadth of the arable land and marsh (vley) specified in said Powel's patent,


202


EARLY RECORDS OF ALBANY


containing two hundred acres, which breadth continues down to the river; on this condition that said Ands. Hanse and Jurian Kallier shall convey to Stephen Coning his [their?] third part of the wood- land lying on the north side of the path, extending from the Spigel to the marsh according to contract of sale thereof ; in like manner there is excepted out of the aforesaid woodland a little parcel that Frans Pieterse Claw is supposed to own, which lies about a quarter of an hour's walk from the aforesaid land of Steph : Janse Coningh and is also comprehended in the aforesaid patent ; otherwise, all the remainder of the woodland specified in the patent aforesaid granted by the late Governor General Richd. Nicolls to her deceased husband Tho: Powel, of date the 13th of April 1667,1 the said widow con- veys to Andries Hanse and Jurian Kallier 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 that she is fully paid and satisfied there- [202] for, the first penny with the last, therefore, giving plenam actionem cessam and full power to the aforenamed Ands. Hanse and Jurian Kallier to do with and dispose of the aforesaid woodland (except the aforesaid parcels of land) as they could do with their own patrimonial estate and effects, promising to warrant and defend the same against all persons from all trouble, claims and incum- brances according to law and further nevermore to do nor cause any- thing to be done contrary hereto in any manner, binding herself thereto as by law provided.


Done in Albany, the 15th of November 1683.


Marten Gertsen


Dirck Wesselsz


The mark X of JANNETJE POWEL made with her own hand


In my presence, ROT. LIVINGSTON, Secretary




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