USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 3
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A. Teller Richd. Pretty
BARENT REYNDERSEN
JOHANNES PROVOOST, Sheriff
1 Now Maiden Lane.
2 See note to preceding document.
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EARLY RECORDS OF ALBANY
Deed from the deacons of the Reformed Church at Albany to Capt. Philip Pietersen Schuyler for Bastiaen de Winter's plantation at the Steene Hoeck
[9] In the absence of Secretary Livinghston appeared before me, Johannes Provoost, sheriff of Albany, in presence of the Honorable Ritchard Prittj and Dirck Wesselsen, magistrates of said jurisdic- tion, Mr Jan Janssen Bleycker and Mr Jacob Staets, deacons of the Reformed Church in Albany and administrators of the estate of Bastiaen de Winter, deceased,1 who declared that they conveyed and made over, as they hereby do convey and make over in true, rightful and free ownership, to and for the behoof of Capt. Philip Pietersen Schuyler, a certain house and plantation or small piece of land lying in the colony of Renselaers Wyck, above the Vlackte 2 at the Steene Hoeck,3 called De Winter's plantation, with all the right, title and interest which said Bastiaen de Winter had therein, according to the conditions on which said Capt. Schuyler bought the same yesterday at public sale, with this reservation that the grantee shall pay to the patroon of the colony of Renselaers Wyck as quitrent of said lot two skipples of maize and two pairs of fowls yearly, without any other charges thereon or issuing out of the same, saving the lord's right, giving hereby plenam actionem cessam and full power to said Capt. Philip Schuyler, his heirs, or assigns, to do with and dispose of said house and plantation on land as he might or could do with his own patrimonial estate and effects, promising to defend the same publicly from all and every person and to free it from all trouble, claims or incumbrances which may hereafter arise and nevermore to do nor cause anything to be done contrary to these, either with
1 Bastiaen de Winter, of Middelburg, in the province of Zealand, died at the Steene Hoeck July 24, 1678, just after making his will, by which he left his property to the deacons of the Dutch church at Albany for the behoof of the poor. August 6, 1678, the Court of Albany authorized the deacons to take possession of the estate with order to apply for letters of administra- tion as soon as the new governor arrived. August 13, 1678, the deacons petitioned Governor Andros that the residue of De Winter's estate, after pay- ment of his debts, might be given to them for the poor. This request was evidently granted. For order of the court, certified copy of the will, an affidavit by Surgeon Cornelis van Dyck and the petition to Governor Andros, see New York Colonial Mss, 27: 170-72, 180. The original of the will is in Notarial Papers, 2:41-42. See also N. Y. Hist. Soc., Collections, 1892, 25:56. 2 Literally : the Flat, referring to what is known as the Schuyler Flatts, east of the Troy road, 4 miles north of Albany.
3 Stonehook, or Stony point, on the west bank of the Hudson, just south of Green Island.
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DEEDS 1678-1704
or without judicial proceedings in any manner, under binding obliga- tion as by law provided. Done in Albany, the 10th of September Aº. 1678.
Richd. Pretty
Dirck Wessels
JAN JANSZ BLEECKER JACOB STAETS Acknowledged before me, JOHANNES PROVOOST, Sheriff
Deed from Harmen Bastiaensen to Gerrit van Nes for a garden without the south gate of Albany (incomplete)
.[10] In the absence of the secretary appeared before me, Johannes Provoost, sheriff of Albany, and in the presence of the Honorable Ritchard Pritty and Dirck Wesselsen, magistrates of said jurisdic- tion, Harmen Bastiaensen, surveyor 1 of this place, who declared that he granted, conveyed and made over, as he hereby does convey and make over, in true, rightful and absolute ownership and posses- sion to and for the behoof of Gerrit van Nes a lot or garden lying near Albany without the town gate at the south, next to and to the south of Poulus Martensen, in breadth in front on the highway three rods and a half, in length on the south as well as on the north ten rods, in breadth easterly on the river side three rods and one foot, Rhineland measure 2 [Not completed ]
Contract for the sale of a house and lot on the hill in Albany from Abraham van Tricht to Isaac Verplanck
[II] Appeared before me Rot. Livingston, secretary of Albany, colony of Renselaerswyck, Shaenhechtady, etc., and before the hereinafter named witnesses, Mr Abraham van Tricht, chirurgeon, who declared that he had sold to Isaak Verplanck, who acknowledged that he had bought the seller's house and lot, which heretofore be- longed to Capt: John Baker, as [appears] by contract of sale thereof
1 Roojmeester ; meaning the official town surveyor. The existence of this office at an early date and the minuteness with which the dimensions of the lots are given in many cases shows that considerable care was exercised in the laying out of the village. The rooimeester, as the title of his_office indicates, had to see to it that the rooilijn, or street line, was maintained; in other words, that the property owners did not encroach on the street, the right and title to the soil of which under the Roman Dutch law was vested in the government.
2 Though the dimensions do not agree, it would seem as if this garden, or a part of it, was the same for which Harmen Bastiaensen entered into contracts of sale in 1657, first with Claes Hendricksen and then with Willem Hoffmeyer ; see Early Records of Albany, I:33, 51-52. In a note on page 33, Professor Pearson calls the grantor "Harmen Bastianse Visscher (or De Vyselaer )."
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EARLY RECORDS OF ALBANY
between said Backer and the seller, of date the 3d of May 1678,1 standing and lying on the hill in Albany between the house of Dom: Nicolaes Van Renselaer, deceased, and Arent vand [en] Bergh, being lot Nº. I, in breadth thirty-six and a half feet, and for depth the buyer has stipulated for fifty wood feet, the foot reckoned at twelve inches, with all that is earth and nail fast, free and unincumbered (saving the lord's right) ; for the purchase of which the buyer is obligated and promises to pay to the aforesaid Mr Abraham van Tricht, or order and assigns the quantity of fifty-six good, whole, merchantable beaver skins, to be paid in three payments, each time a just third part, to wit, the first payment next August 1679, the second payment in August 1680, and the third, or last payment in .August 1681. The buyer may enter, take possession of and use said house and lot immediately and the conveyance shall be made on the final payment. In witness whereof parties have subscribed these in presence of Aernout Corn: Viele and Jacob ten Eyck, called as witnesses hereto. Done in Albany, the 7th December 1678.
Testes
Arnout Corn: Viele Jacob ten Eyck
ABRAHAM VAN TRICHT ISAACK VERPLANCKEN
Acknowledged before me, ROT. LIVINGSTON, Secretary
Release by Dirck Hesselingh of his interest in a house and lot on the hill in Albany purchased from Jan van Ake, in favor of Nicolaes de Meyer, assignee of van Ake's claim
[12] Appeared before me, Rt. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, in presence of the Honorable Mr Ands. Teller and Mr Dirk Wessels, magistrates of said jurisdiction, Dirk Hesselingh, who declared that on June 20 1668, he bought a house and lot of Jan van Ake, standing and lying here in Albany on the hill, with a garden outside of the town of Albany, for the sum of one thousand guilders in beavers, which sum the purchaser acknowledges that he has failed to pay; and whereas Mons. van Aken has assigned his claim to Mr Nicolaes de Meyer,2 as per instrument thereof written by notary Van Vechten at Utrecht, dated the 13th of August 1671, therefore, the said Mons. De Meyer agreed with said Dirk Hesseling on the 12th of April 1677 that he
1 No record of this contract of sale is found.
2 In a confirmatory patent of June 29, 1667, for several pieces of land on Manhattan island, he is called Nicholas de Meyer van Holsteyn.
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DEEDS 1678-1704
should pay twelve hundred guilders in beavers in full satisfaction of said contract or bill of sale with the interest, in three payments, as in said agreement more at large appears; and whereas Mons. Van Dyck, attorney for Mons. De Meyer, last court day obtained a judg- ment against the purchaser for the sum of one hundred beavers, being the first two payments mentioned in said contract of the 12th of April 1677, therefore, he, said Dirk Hesselingh, now this moment voluntarily gives up the aforesaid purchase of the house and lot where he now dwells, as he obtained them, with all the rights thereto belonging, and makes them over to Mons. De Meyer in payment of the sum of seven hundred and seventy-five guilders in beavers, always with the understanding that the garden mentioned in said bill of sale is excepted, with which [release] of the house and lot in payment of seven hundred and seventy-five guilders beavers Mons. Van Dyck is satisfied, he, the purchaser, being holden to make the third payment according to contract. Done in Albany, this 24th of December 1678.
A. Teller
Dirck Wesselsz
DIRCK HESSELINGH CORNELIS VAN DYCK Acknowledged before me, RT. LIVINGSTON, Secretary
Deed from Anaemhaenitt, a Mahikan Indian, to Robert Sanders for a parcel of woodland and Whale island
[13] An this 30th day of December 1678, in presence of the honorable magistrates of Albany, colony of Renselaerswyck, etc., R°. Sanders has bought of Anaemhaenitt, a Mahikan and native proprietor, a certain parcel of woodland by the Indians named Popgassik,1 lying on the east side of the North river, to the south of the aforesaid Rot. Sander's farm, extending to the land and claim of Pr. van Waggelen,2 which land was mentioned in his former contract of sale dated May 15, 1668, when he with Harme Vedder bought his farin, and was then conveyed by all the natives, that is to say, free range (vry uytdrift) for his cattle, but now he, Anaem- haenitt, sells the land in fee, with all the right, title and interest which he, the grantor and native owner, has therein; likewise a small island lying in said North river, named Wallvissen Eylant,3 which aforenamed parcel of land and Walvissen Eylant and all
1 Robert Sanders received a patent for this land on March 25, 1680.
2 Generally called "van Woggelum," probably after the village of that name near Alkmaar, in the province of North Holland.
3 Walvisch, or Whale island, near Lansingburg, N. Y. See Van der
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EARLY RECORDS OF ALBANY
rights and prerogatives, he, the aforesaid natural owner, for him- self, his kindred and blood relations, declares in true, rightful and free ownership hereby to be granted, conveyed and made over by him to and for the behoof of the aforenamed Robert Sanders, with- out his making any further claim in the least thereto, acknowledg- ing that he has received therefor to his satisfaction a piece of cloth, a cutlass, a kettle, two pairs of stockings, four axes, a coat, a shirt and two jugs of rum, promising therefore never more to do nor suffer anything to be done contrary hereto in any manner. In con- firmation whereof the aforesaid natural owner has subscribed this, in presence of Capt. Silv: Salisbury, commandant, and the magis- trates of Albany aforesaid. Done in Albany on the date above written.
A. Teller Dirck Wesselsz
This is the mark X of ANAEMHAENITT made with his own hand.
Acknowledged before me, RORT. LIVINGSTON, Secretary
Contract between Johannes Clute and Syman Schouten for the sale of two parcels of land at Niskayuna
[14] Appeared before me, Robt. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., and in presence of the Honorable Capt. Hans Hendrix and Lieut. Jan Janse Bleker, witnesses, Capt. Jan Cloet, of the one side, and Symon Schoute, of the other side, who declare that in love and friendship they have contracted and agreed with each other in regard to the purchase of two small parcels of land lying at Canastagioene,1 as follows :
First, said Capt. Johan Cloet acknowledges that he has sold and Symon Schoute that he has bought of him two parcels of land lying at Canastagioene, on the south side of the river, on the Groote Vlakte (Great Flat), being all [the land] along the river side to which he, Cloet, has title and claim, to wit, one piece of about 10
Donck's map of New Netherland. 1656, in E. B. O'Callaghan, History of New Netherland, 2:312, and map of Troy and vicinity, 1876, in A. J .. Weise, History of the City of Troy, p. 264. Cf. also Munsell's Annals of Albany. 2:226. and E. M. Ruttenber, Indian Geographical Names, p. 63 (published with New York State Historical Association, Proceedings, 1906, v. 6). 1 Niskayuna.
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DEEDS 1678-1704
morgens, bounding upon the land of Cuyles 1 and Hann at Schaen- hechtady, and the other piece, also on the Groote Vlakte, of about six morgens, adjoining the land of Jan Spoor, on the express con- dition that there shall remain a path on the high ground along the shore and likewise that the purchaser shall maintain the fence along the steenbergie (stony hill) for which land and rights of said Cloet therein the purchaser promises to pay the vendor the quantity of seventy-five beavers, to wit twenty-four beavers during this current year and the remaining fifty-one beavers in four payments in four successive years, the first, being 12 beavers and 6 gl. in beavers, in the year 1680, and each time a just fourth part in the years 1681, 1682 and 1683. The vendor promises with the last payment to give a proper conveyance; the aforesaid payments shall be made in beavers or wheat at the market price, wherewith the contracting parties are well satisfied, hereto binding their persons and estates, real and personal, present and future, nothing excepted and sub- mitting the same to the authority of all lords, courts and judges. Done in Albany, the 15th of February 167 8
JOHANNS CLUTE
Testes: Hans Heindricks Jan Janss Bleecker
This is the mark X of SYMON SCHOUTE made with his own hand.
Acknowledged before me, RT. LIVINGSTON, Secretary
Bond and mortgage by Pieter Adamsen to secure his debt to Marten Cregier, junior
[15] Appeared before me, Johannes Provoost, sheriff (hereto authorized in the absence of the secretary), and in the presence of the honorable magistrates Richard Pretty and Andries Teller, the person of Pieter Adamse, who acknowledges that he is well and truly and justly indebted to Marten Cryger, junior, in the sum of forty-two guilders in beavers and six skipples of wheat for goods and merchandise to his content received, and promises to pay the same with expenses to said Marten Crigier, or his attorney, within two months, specially binding thereto his house and lot lying at Schaenhechtady, which he mortgages hereby and offers as special security, for the recovery if need be of the said forty-two guilders
1 Gerrit Claessen [van Vranken?], alias Culis, or Kuleman. See note on page 83.
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EARLY RECORDS OF ALBANY
and six skipples of wheat and the expenses already incurred herein, without loss or damage. Done in Albany, this 16th of August Aº. 1678.
In the margin :
Was signed with the mark P A of PIETER ADAMSE
Richd. Pretty A. Teller
Acknowledged before me, JOHANNES PROVOOST, Sheriff
This is a true copy, copied from the original, inasmuch as the original was accidentally defaced.1 Alb. 6 Jan. 16713.
Quod attestor ROBT. LIVINGSTON, Secretary
Bond and mortgage of Willam Loveridge to Hezekiah Usher and satisfaction of mortgage acknowledged by Jan Juriaense Becker
[16] Appeared before me, Robt. Livingston, secretary of Albany, colony of Rensselaerswyck and Schaenhechtady, in presence of the Honorable Mr Dirk Wessells and Mr Corn : van Dyck, magistrates of said jurisdiction, William Loveridge, hatter, burgher of this town, who acknowledges that he is well and truly indebted and in arrears of Mr Hezekiah Uscher, merchant at Boston, in the sum of two hun- dred and twenty-four pounds, eleven shillings and two pence Boston money, growing out of the matter of certain wares and merchandise which Wm. Loveridge, jun'. bought of said Usher [and for which he executed an obligation payable on the 10th of June 1676, on which obligation £35:16:11 Boston money has been already paid, so that the appearer promises to pay the remainder, £224:11:2]2 (the interest being not counted to said Mr Usher at Boston in silver money there, or beavers at silver price, before September next ensu- ing, herewith releasing his son William therefrom and thereto bind- ing specially his, the appearer's, three houses and lots, standing and lying in Albany, to wit, two next to the court house and the other on the square (Plein), and generally his person and property, real and personal, present and future, nothing excepted, submitting the same to the authority of all lords, courts, tribunals and judges.
1 Door ongeluck is gecanceleert geweest.
2 The words between brackets were written in the margin.
3I
DEEDS 1678-1704
for the recovery of the debt in due time, if need be, without loss or damage. Done in Albany the Ist of March 167 g.
Dirck Wesselss
Cornelis van Dyck
The words in the margin were written before the signing hereof. WILLIAM LOVERIDGE Acknowledged before me, ROBERT LIVINGSTON, Secretary
On this 13th day of May 1682 before me, Rot. Livingston, secre- tary of Albany, colony of Renselaerswyck and Schinnechtady, came and appeared Mr Jan Jurianse Becker, submitted for Mr Andries Teller, attorney for Mr Hezekiah Usher, who in the capacity afore- said declared that he released the two houses of Wm. Loveridge, hatter, standing and lying next the court house, bound over by the foregoing mortgage to Mr Hezekiah Usher of date March 1, 1678, granting hereby full privilege to sell, occupy the same, or dispose thereof as he might do with his own patrimonial estate and effects.
In witness whereof subscribed with his own hand in Albany, datum ut supra. J. BECKER
Power of attorney from Maria Arents, widow of Arent van den Bergh, to her son-in-law John Gilbert
[17] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, and presence of the hereinafter named witnesses, Maria Arents, widow of the late Arent van den Bergh, who declared that she hereby constituted and made her son-in-law, John Gillbert, her attorney for her and in her name to collect all debts from whomsoever due to her late husband, likewise to pay all persons who have any claims against the afore- said estate so far as the money will go and of the remainder to make a proper return and accounting to her according to law, giving him hereby full power and authority, with the severity of justice, to compel those who may refuse or be unwilling to pay, to observe all the terms of the courts unto sentence and extreme execution thereof, and likewise upon receipt to grant a discharge and further- more to do all things in the matter aforesaid regarding said estate which shall be needful, either with or without legal proceedings, promising at all times to ratify whatever her attorney shall do and
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EARLY RECORDS OF ALBANY
perform in the matter aforesaid, without any gainsaying. Thus done and executed in Albany, on the IIth of March 167 8. .
Testes
Richd Pretty
Hans Dreper
This is the mark X of MARIA ARENTS made with her own hand.
Acknowledged before me, ROT. LIVINGSTON, Secretary
Deed from Teunis Teunissen de Metselaer to Paulus Martensen Raemaecker for a house and lot in Albany
[18] Appeared before me, Robert Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., in presence of the Honorable Mr Dirk Wessels and Mr Corn: van Dyk, magistrates of said jurisdiction, Teunis Teunise de Metselaer,1 who declared that he had granted, conveyed and made over in true, rightful and free ownership to and for the behoof Paulus Martense Raemmaecker2 a certain house and lot standing and lying here in Albany, with all that is therein fast by earth and nail, adjoining to the south the house of Harme Janse 3 and to the north Geurt Heyndrix,4 to the east the public street and to the west the wagon road; in breadth, front and rear, four rods, and in length from the street to the wagon road; which he, the grantor, does by virtue of the patent to him granted by the honorable the Governor General Rich: Nicolls, dated May 15, 1667, to which reference is herein made, 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 in the least, acknowledging himself to be fully paid therefor, the first penny with the last, and therefore giving plenam actionem cessam and full power to the aforesaid Paulus Martense Raemmaecker, his heirs, successors and assigns, to do with and dispose of the
1 Teunis Teunissen, mason, from Loenen, province of Utrecht. See Van Rensselaer Bowier Mss, p. 830.
2 Raemmaecker, literally " window maker," is apparently a mistake for Raemaecker, a contraction of Rademaecker, meaning " wheelwright." He is also referred to as Paulus Martensen van Benthuysen and Paulus Martensen van Rynsburch; see p. 70 and note on p. 18.
3 Harmen Jansen Lyndrayer (rope maker) ; identified by Professor Pear- son with Harmen Jansen van Salsbergen. See Early Records of Albany, I :133, 170; and p. [127], [175] of this volume.
4 Geurt Hendricksen van Schoonhoven.
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DEEDS 1678-1704
same as he might do with his own patrimonial estate and effects, promising nevermore to do nor cause anything to be done con- trary hereto, either with or without resorting to law in any manner, binding himself thereto as by law provided.
Done in Albany, this 30th of March 1679.
TEUNIS TEUNISZ METSELAER
Dirck Wesselss Corn. van Dyck
In my presence, ROT. LIVINGSTON, Secretary
Deed of a house and lot on the hill in Albany from Wynant Gerritsen van der Poel to his son Melgert Wynantsen
[19-20 wanting; 21] Appeared before me Robt. Livingston, secretary of Albany, colony of Renselaerswyck, Schaenhechtady, etc., in presence of the Honorable Mr Dirk Wessels and Mr Corn : van Dyck, magistrates of said jurisdiction, Wynant Gerritse van der Poel, who declared that he had granted, conveyed and made over in true, rightful and free ownership to and for the behoof of his son Melgert Wynantse a certain house and lot standing and lying here in Albany on the hill, adjoining southerly the grantor, northerly Lawrence van Ale, easterly Mr Abraham van Tricht and Arent van den Bergh, and westerly the public street in breadth in front on the street one rod, five feet and five and a half inches Rhineland measure, in length six rods and eight feet, which he, the grantor, does by virtue of a patent granted him by the late Governor Francis Lovelace, of date the 13th June 1670, and likewise by virtue of a conveyance this day given him and Jan Conell by Jan Cloete, to wit, 6 feet 114 inches out of the contents of said patent and 102 feet out of the contents of the conveyance, being the just half of what was conveyed in the aforesaid conveyance by Jan Cloet, together comprising as above one rod, five feet and 53 inches ; which he, the grantor, does by reason of wages earned of his father before his, Melgert's, marriage; free and unincumbered, without any charges on, or issuing out of the same, saving the lord's right, and without the grantor's making the least pre- tensions thereto, acknowledging himself to be fully paid therefor in consideration of the aforesaid services rendered, therefore giv- ing plenam actionem cessam and full power to the aforenamed Melgert Wynantse, his heirs and successors or assigns, to do there- with and dispose thereof as he might do with his own patrimonial
3
34
EARLY RECORDS OF ALBANY
estate and effects, promising never more to do nor cause anything to be done contrary hereto, in any manner, binding himself thereto as by law provided.
Done in Albany, the 31st of March 1679.
WYNANDT GERREYDT VAN DR POELL
Dirck Wesselss Cornelius van Dyck
In my presence, ROT. LIVINGSTON, Secretary
Deed from Gerrit Herttenberch to Capt. Johannes Clute for a lot in Albany on the hill
[22] Appeared before me, Robert Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, etc., in presence of the Honorable Mr Dirk Wessells and Mr Cor: van Dyk, magistrates of said jurisdiction, Gerrit Hardenberg, who de- clared that he granted, conveyed and made over in true, rightful and free ownership to and for the behoof of Capt. Jan Cloete a certain lot lying here in Albany on which at present stands a part of Melgert Wynantse's house and a part of the house of Law- rence van Ale, adjoining southwardly Wynant Gerritse, north- wardly Evert d'Cuyper,1 westwardly the public street and east- wardly Arent van den Bergh, in breadth twenty-one feet and in length on the south side six rods and eight feet and on the north side six rods and five feet, according to contract of sale thereof of date the IIth of February 1663; but it is to be observed that the lot in its entirety is in breadth in front two rods and eleven inches and in the rear two rods, and in length as above, which remaining lot he, the grantor, has sold to his brother-in-law Johannes de Wandelaer and hereby conveys to him; which he, the grantor, con- veys to both persons by virtue of a conveyance received by him from the magistrates dated 29 May & 8 June, 1668,2 free and un- incumbered, without any charges thereon or issuing out of the same (saving the lord's right), without the grantor's making any further claim thereto, acknowledging himself fully paid and satis- fied therefor, the first penny with the last, and therefore giving
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