USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 14
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VOLCKART JANSZ ANDRIS HERBERTS In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
1 Literally : Wry, or crooked blaze.
148
EARLY RECORDS OF ALBANY
Contract of sale of a house from Sander Leendertsen Glen to Jean Labatie
On this day, the 24th of March 1662, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Sander Leendertsz Glen, of the first part, and Jan Labatie [of the second part, acknowledging, Sander Leendertsz Glen that he had sold] and Jan Labatie that he had of him bought, a house and lot with all that thereon is fast by earth and nail, and furthermore with such servient and dominant estates and rights as the seller has hitherto possessed in the same, just as said house and lot stand and lie in the village of Beverwyck, bounded on the south by the seller, on the north side by the buyer, on the west side by the street [205] and on the east side also by the street, strand and river; the lot being eighteen wood feet and four inches broad in front on the street, and in the rear on the strand of the same breadth, and in length on the south side 2212 feet to a post which stands as a landmark.1 Said house and lot are sold and shall be delivered to the buyer free and unincumbered, without any charges thereon or issuing out of the same, excepting the lord's right ; for which said house and lot the buyer promises to pay the sum of five hundred guilders in carpenter's work, etc., at beaver's value, deducting as already paid what he has before earned, the remainder to be paid at convenient times whenever the seller shall please to employ him. The buyer shall enter upon and use said house and lot from this time, and the seller shall be holden when the labor is performed and his stipulated work is completed, said house and lot by a lawful conveyance to transfer to the buyer. For the full performance of these the parties hereto mutually bind their respec- tive persons and estates, nothing excepted, subject to all courts and judges. Thus doue and executed in Beverwyck in N: Nether- land, in presence of Mr Gerard Swart, sheriff. and Anthony Jansz. court messenger of the colony of Rensselaerswyck, as witnesses hereto called.
SANDER LENRSE JEAN LABATIE
G: Swvartt Anthony Jansen
1 This lot was on the east side of Broadway a little north of the present Hudson street. J. P.
149
NOTARIAL PAPERS I AND 2, 1660-1696
Lease of a lot from Jeremias van Rensselaer as attorney for his brother Joan Baptist van Rensselaer to Claes Jansen van Bockhoven
[206] On this day, the 21st of March 1662, the Honorable Director Jeremias van Renselaer, in capacity as attorney for his brother, Joan Baptist van Renselaer, has let and Claes Jansz van Bochoven has hired the said Joan Baptist's lot lying next to the lot of said Bochoven, known to him, the lessee, for the time of four following years beginning on the first of May next, for the sum of ten guilders in beavers or beaver's value, punctually each year. It is further stipulated that the lessor shall deliver to the lessee sixty boards and nails to fence off the lot in front along the road and as far as they will reach at the expense of the lessee, who shall be holden the remainder to fence off and maintain in like manner with posts, slabs, or palisades, and the same to deliver up again tight and in proper repair at the end of the lease; the fence between the lessor and the lessee to be at their common expense, and the kill between them to remain in the ownership and use of the lessor. For the full performance of which the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to all courts and judges. Done in the colony of Rensselaerswyck, dated as above.
JEREMIAS VAN RENSSELAER This mark X was made by CLAES JANSSZ VAN BOCIIOVEN, afore- named In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Bond of Leendert Philipsen to Johan de Deckere
[207] On this day, the 23d of March 1662. appeared before me, Dirck van Schelluyne, notary public, and before the herein- after named witness, the worthy Leendert Phillipssz. dwelling in the village of Beverwyck, and acknowledged that he was well and truly indebted to Mr Johan de Deckere (who holds the right and claim of Arien Symonsz), in the sum of two hundred and sixty guilders, growing out of the purchase and delivery of certain goods received by him, from the hands of Arien Symonsz, now about a year ago for the payment of which sum Arien Symonsz executed
150
EARLY RECORDS OF ALBANY
two drafts on the appearer | Leendert Philipsz] which have not been satisfied: therefore he promises the aforesaid sum of two hundred and sixty guilders to pay to Mr De Deckere or his order. in the month of June next punctually and without longer delay, in good, whole beaver skins reckoned at eight guilders apiece ; therefor binding his person and estate, real and personal, having and to come, nothing excepted, subject to the authority of all courts und judges. Thus done and executed in Beverwyck in N: Nether- land. in presence of Mr François Boon and Cornelis van Schelluyne. as witnesses hereto called.
LEENDERT PHYLES
Francoys Boon, as witness Cornelis van Schelluyne
D. V. SCHELLUYNE, Not. Pub. 1662
Contract between Pieter van Couwenhoven and Jan Gerritsen van Marcken for the delivery of beer
[208] On this day, the 6th of April 1662, Mr Pieter van Cou- wenhoven, brewer at Amsterdam in N: Netherland, of the first part, and Jan Gerritsz van Marcken, farmer of the excise ? at Fort Orange, of the second part, have contracted with each other in the manner following: Pieter van Couwenhoven hereby promises to send up here to him, Jan Gerritsz, by the sloop of Claes Tyssz and Fredrick Hendriexsz, every trip or voyage, a lust or at least a half last of strong beer, reckoned at thirteen barrels a lust, prop- erly filled ; the same to be shipped at the risk and expense of said Jan Gerritsz, he being holden the empty casks to return again each trip by the sloop; for which said strong beer the said Jan Gerritss? promises to pay thirty guilders good, strung seawan a barrel; the thirteenth barrel to be included in each lust, that is to say. Jan Gerritsz is not to pay for it. It is further stipulated that said Jan Gerritsz shall be credited for the first half last until the settlement of accounts with each other, but he shall be holden to pay the fol- lowing each time; and this contract shall run at the option of the parties, But they shall be hoklen to give each other previous notice and warning of two to three weeks. For the faithful performance [209| of which the parties hereto mutually bind their respective
1 mp ste Gs Jan Gerritsen van Marchen was afterwards a n tary abhe ard i kerstre te at Schenectady.
151
NOTARIAL PAPERS 1 AND 2, 1660-1696
persons and estates, nothing excepted, subject to all courts and judges. All in good faith, done in the colony of Rensselaerswyck, dated as above.
PIETER COUHOVEN J. G. VAN MARCKEN
Stoffel Janss Abeel As witnesses . This mark X was made by Jurriaen Janss van Groenwout
D. V. SCHELLUYNE, Vot. Pub. 1662
Lease of a hcuse from Hendrick Gerritsen van der Meulen to Willem Brouwer
On this day, the 7th of April 1662, Hendrick Gerritsz van der Meulen, master tailor, acknowledges that he has let, and Wilhem Brouwer, master shoemaker, that he has hired of him, a certain, the lessor's, house and lot,1 standing and lying by the bridge over against the house and lot of Roeloff Swartwout in Beverwyck, to the lessee known, for the time of one year beginning on the first of May next, for the sum of one hundred guildlers, to be paid with four good beavers reckoned at eight guilders apiece and the remainder in good, strung seawan as it passes current, amounting to sixty-eight guilders; which rent the lessee promises to pay in four instalments, every quarter year a just fourth part, viz, one beaver, and seventeen guilders in seawan, every time punctually and without longer delay, and without letting one quarter run into the next unpaid ; on penalty that the lessee, failing of payment, at the pleasure of the lessor, shall be dispossessed and put out of the house, and notwithstanding be holden to pay the rent due: on [210] the further condition that the lessor shall build the porch or stoop in front of the house up to the bridge, before the beginning of the lease; also to have the cellar properly repaired in the month of June next, and before next winter to cause the roof to be made tight ; the lessee is holden at the close of this lease to deliver over the same in like condition as to repair as he received it. For the faithful performance of these, the parties hereto mutually bind their respective persons and estates, nothing
1 This house and lot was on the east side of Broadway, just south of State street. T. P.
152
EARLY RECORDS OF ALBANY
excepted, subject to all courts and judges. Done in the colony of Rensselaerswyck, dated as above.
HENDRICK GERS WILLEM BROUWER
.As witnesses G: Swvartt Everdi Nolden
D. V. SCHELLUYNE, Not. Pub. 1662
Cornelis Cornelissen van Sterrenvelt gives up his contract for the purchase of Barent Gerritsen's house and promises to pay damages
On this day, the 11th of April 1662, Cornelis Cornelisz van Starrevelt has given up and completely relinquished the purchase of a certain house and appartenances lying in the Greyne Bos, known to the purchaser and bought by him of Barent Gerritsz according to the contract of sale dated the 4th of October 1661, making no further claim whatsoever thereto and surrendering the same wholly to Parent Gerritsz. Therefore Cornelis Starrevelt promises to pay to Barent Gerritsz for loss and damage hy reason of his giving up the purchase ninety good boards and fifty slabs, the boards to be delivered [211] free of expense at the latest within the time of three weeks from the date hereof on the shore where they may be conveniently laden on a sloop and the slabs within eight days from now at the Greyne Bos aforesaid, each delivery promptly to be made. And as security for this payment Ilans Carelsz Noorman 1 makes himself responsible for the delivery of said boards and slabs at the specified times, [ the parties] bind ing thereto their respective persons and estates, nothing excepted, subject to all courts and judges. Done in the colony of Rensse- laerswyck on the date above written.
COERNELIS COERNELISSEN UAN STERRENVELT HANS CAREL
Is witnesses.
Frans Pietersen Gerrit Reversen
D. V. SCHELLUYNE. Not Pub. 1662
Apparently the same person as lans Carrelsen van Langesont (i. e. Logosund, a town of Norway, on the Skager-Rack), mentioned in the Dutch Records of Kingston, revised translation by Sammel Oppenheim, p. 36.
I53
NOTARIAL PAPERS I AND 2, 1660-1696
[On the margin of the above instrument is written:] Hester Fonda, widow of Barent Gerritsz, hereby acknowledges that she is fully paid and satisfied for the above-written contract by Cornelis Cornelisz van Sterrevelt. Done in Albany the 12/22 March 1666.
HESTER DOOWES
Power of attorney from Pieter Bronck to Frans Barentsen Pastoor
On this day, the Ist of May 1662, Pieter Bronck declared that by these presents, he had appointed and constituted Mr Frans Barentsz Pastor his special attorney during his absence to manage, take care of, defend and to the utmost to prosecute all his affairs and litigations with and against all and every person which he now has or may yet have according to the documents thereof to be placed in his [the attorney's] hands and in which he may have to act either as plaintiff or defendant : debts to receive and pay ; acquittance [212] to give and take; delinquent debtors by legal proceedings and rigor of justice to constrain to pay and to this end and for the preservation and in defense of his rights against all persons all terms of the courts to observe unto judgment and extreme execu- tion thereof ; finding himself aggrieved, to appeal therefrom; also to compound, contract and agree ; with power if need be to sub- stitute another in his place; furthermore all things to do and perform, either with or without resorting to law, which may be needful and which may seem to him proper, [the principal] promising at all times to hold as valid whatever may be done and performed by the attorney in this matter by virtue hereof without any contradiction ; provided that the attorney be holden a proper return to make of his aforesaid transactions and receipts when required.
Done in Beverwyck in N: Netherland on the above date, in presence of Jillis Pietersz, master carpenter, and Cornelis van Schelluyne, as witnesses hereto called.
Jelis Pietersz Cornelis van Schelluyne
PYETER BRONCK
D. V. SCHELLUYNE, Not. Pub. 1662
154
EARLY RECORDS OF ALBANY
Lease of lot no. 4 in the new village at the Esopus from Jan Thomassen and Volckert Jansen to Gerrit Focken and Jan Gerritsen van Oldenburg
[213] On this day, the 4th of May 1662, appeared before me. Dirck van Schelluyne, notary public, and before the hereinafter named witnesses. Messrs Jan Thomassz and Folckert Janssz, jointly as partners, of the first part. and Gerrit Foocke 1 and Jan Gerritsz van Oldenburch, husbandmen, also jointly as partners, of the second part, which said Jan Thomasz and Folckert Janssz acknowledged that they had let and they. Gerrit Foocke and Jan Gerritsz, that they had hired a certain, the lessors', lot of land, being no. 4, lying in the Esopus in the newly laid out and projected village,2 known to the lessees, on the following conditions :
The lessees shall enter upon, use and cultivate the said land from now on till the first of May AA". 1663, without paying any rent therefor.
The lessors promise to deliver to the lessees this season of the vear as many skipples of oats as they can properly sow on the land, on condition that at the end of the lease the lessees shall be holden to return a like quantity of oats to the lessors.
The lessors are now also to deliver to the lessees, free of charge on the shore in the Esopus, one hundred boards for the construction of a proper dwelling, which dwelling, as well as barn, rick and fence around the land which they shall build for their convenience shall at the end of the lease belong to the lessors, subject to appraisal by impartial persons [214] thereto to be called; likewise also a bridge, which is to be made over a kill before the land. the value of which according to said appraisal shall be made good to the lessees; but said one hundred boards the lessees must pay for at the end of the lease.
The lessors now deliver also to the lessee the following animals to be used during the term of the lease, to wit: three mares called Block, Raven and Colletie, a gelding called Dobes, a stallion and a young stallion ; also two cows, two heifers, two sows with pigs, two barrow pigs, six hens and a rooster, which aforesaid animals the lessees shall keep during the lease on half shares as to the increase, according to the custom of the country.
Furthermore, the lessons deliver to the lessees in the way of farming implements, a plow and a wagon with their appurtenances
1 In another translation of this lease in Doc. Rel, to Col. Hist. V. Y., 13 :220 21, the name is given by mistake as " Gerritt Tecke."
2 Referring to the settlement which afterwards became known as Hurley.
I55
NOTARIAL PAPERS I AND 2, 1660-1606
except the chain for the plow, which must be furnished by the lessees, who at the end of the lease are to return [the implements] in good order.
The lessees shall have the use of said land, horses and other animals for the term of four consecutive years, beginning on the Ist of May 1663 and ending on the last of April 1667.
And the lessees promise to pay as rent during the said four years, each year the sum of four hundred and fifty guilders [215] in beavers, reckoned at eight guilders apiece, or in grain at the market price in beavers, or else in seawan reckoned at 16 guilders the beaver, promptly each year, without letting one year run into the next unpaid.
At the end of the lease the lessees shall have the preference over others in case the land is leased again, provided they are willing to pay as much as others.
All charges and expenses to be levied on account of the village during the lease, as well as working on and building of fortifica- tions or strongholds shall fall on the lessees.
For the faithful performance hereof the parties mutually bind their respective persons and estates, nothing excepted, subject to all courts and judges. Done and executed in Beverwyck in New Netherland, in presence of MIr Jeremias van Rensselaer, director of the colony of Rensselaerswyck, and Abraham Staas, magistrate of Fort Orange, witnesses hereto called.
JAN THOMASZ VOLCKART JANSZ GERET FOCKEN This mark + was made by JAN GER- RITSZ VAN OLDENB., aforenamed
Jeremias van Rensselaer Abram Staas
D. V. SCHELLUYNE, Not. Pub. 1662
Lease of a house from Sander Leendertsen Glen to Juriaen Jansen Groenwout
[216] On this day, the 6th of May 1662, Sander Leendertsz Glen acknowledges that he has let and Jurriaen Janssz Groenwout that he has hired of him a certain, the lessor's, house and lot occu- pied by Jan Vinhagen, standing and lying on the north side of Toncker street, to the lessee known, for the time of one year begin-
156
EARLY RECORDS OF ALBANY
ning on the ist of this month of May, for the sum of twenty-five good, whole beavers, reckoned at eight guilders apiece ; which sum the lessee shall keep back to be deducted from what the lessor owes him, the lessee, and whereas said house and lot have been delivered to the lessee in proper repair, therefore the lessee promises to deliver up the same in like condition at the end of this lease. For the full performance of what is above written the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to the authority of all courts and judges. Done in Beverwyck in New Netherland, dated as above.
SANDER LENRSEN GLEN This mark X was made by JURRIAEN JANSZ GROENWOUT, aforenamed
Pieter van allen Roelof Jansen van de frerichsaet 1
In my presence. D. V. SCHELLUYNE, Not. Pub. 1662
Contract of sale of land at Catskill from Christoffel Davidtsen to Jan Wybesen from Harlingen
[217] On this day, the 13th of May 1662, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Christoffel Davidtsz. dwelling in Beverwyck, of the first part, and Jan Wybesz van Harlingen," farm servant, of the second part, acknowledging said Christoffel Davidts that he had sold and he. Jan Wybesz, that he had bought of him the quantity of about sixteen morgens of arable and woodland, according to the tenor of the patent thereof, and as he, the seller, received the same from the late Willem de geelgieter (the brass founder), and as said land lies in Catskil over the kill next the farm of Eldert Gerbertsz Cruyff, known to the buyer, which said land is sold and shall be delivered to the buyer free and unincumbered, without any charges thereon, or issuing out of the same, saving the lord's right; for which said land the buyer promises to pay to the seller
1 Thus clearly written in the original and not " Rocloff Jansen van de Frerichfort," as Professor Pearson lad it and as the name is given in Munsel's Collections, 4:80. " Frerichset" may perhaps be intended for Frederikstad, in Norway, or for Friedrichstadt, on the Enker, in Sleswick. 2 \ Jan Wybese alias Spoor was a resident of Niskayuna in 1084, where in 1648 he sold land to Johannes Schuler for fico. This daughter Antje was killed by the French and Indians at Schenectady in 1000. Ile had five other children baptised in the Albany church, 1684-97. J. P
157
NOTARIAL PAPERS I AND 2, 1660-1696
the sum of one hundred guilders in good, merchantable grain at seawan value in the month of December next, when said land shall be lawfully delivered and transferred to the buyer; mean- while the buyer shall from this time enter upon and occupy said land. For the full performance of these, the parties hereto mutually bind their respective persons and estates, nothing excepted, [218] subject to the authority of all courts and judges. Done and executed in Beverwyck in New Netherland, in presence of Jacob Jansz Flodder and Jochem Ketlehem, as witnesses hereto called.
This mark C D was made by CHRIS- TOFFEL DAVIDTSZ, aforenamed This mark W' was set by JAN WYBESZ, aforenamed
Jacob Janse Flodder This mark M was made by Jochen
Ketlehem, aforenamed
D. V. SCHELLUYNE, Not. Pub. 1662
Contract of sale of a house from Marten Cornelissen to Gysbert Cornelissen van den Berch
On this day, the 20th of May 1662, Marten Cornelisz acknowl- edges that he has sold and Gysbert Cornelisz van den Berch that he has purchased of him the house, barn, rick and fences erected on the land of the plantation by him hitherto occupied, standing and lying in the colony of Rensselaerswyck on this side of Betle- hem, to the buyer known ; for which the buyer promises to pay the quantity of ninety skipples of wheat in three instalments ; one- third part next autumn ; the second third part one year thereafter, Aº. 1663 ; and the last third part in the autumn of 1664, every time punctually. All in good faith, without fraud or guile, in the colony of Rensselaerswyck, dated as above.
This mark + was made by GYSBERT CORNELISZ VAN [DEN] BERCH, aforenamed This mark X was made by MARTEN CORNELISZ, aforenamed
158
EARLY RECORDS OF ALB.ANY
Bill of sale of a horse from Cornelis Cornelissen van Voorhout to Frans Pietersen
[219] On this day, the 20th of May 1662. Cornelis Cornelisz van Voorhout acknowledges that he has sold and Frans Pietersz. master carpenter, that he has of him bought a gray gelding aged five years, for the sum of four hundred and thirteen good boards. of which the seller acknowledges that he has received the just half upon the delivery of the said horse, and the remainder, 200 boards. the buyer promises to deliver to the seller within the time of one year after this date; for which the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to the authority of all courts and judges. In good faith, without fraud or guile, have the contracting parties subscribed these in the colony of Rensselaerswyck, dated as above.
This mark + was made by CORNELIS CORNELISZ VAN VOORHOUT. afore named FRANS PETERSEN In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Lease of Lots 1 and 16 in the Esopus from Cornelis Wyncoop to Lambert Huybertsen
[220] On this day, the 30th of May 1002, Cornfelis] Wyncoop acknowledges that he has let and Lambert Huybertsz, dwelling in the Esopus in Wildwyck, that he has hired of him the lessor's lots of land lying thereabouts, being numbers one and sixteen, known to the lessee; for the time of the four following years beginning on the first of May 1663, but from this time the land may be entered upon and occupied.
The lessor promises to deliver to the lessee on the Ist of May aforesaid four milch cows and three horses, and the year there after, 1004, three more horses, among which in the first or second year are to be comprised as many mares as the lessor can produce ; which cows and horses the lessee shall use during his lease, being holden at the end thereof to deliver up the same number and half of the increase according to the custom of this country.
The lessee shall be holden at his own expense properly to fence off a lot for a house and garden in the village, as granted to the
159
NOTARIAL PAPERS I AND 2, 1660-1606
lessor with the other inhabitants. Likewise the lessee shall be holden to fence off the land which he sows; which fence shall be delivered to the lessor at the end of the lease on a valuation by impartial persons. And the lessor promises in the first year of the lease to deliver to the lessee thirty skipples of wheat in the fall and fifty skipples of oats in the spring of the year to be sown, pro- vided that in return therefor the lessee be holden in the last year of the lease, at his own expense, to sow the foremost land, contain- ing about 13 morgens, more or less, with [221] so much good wheat as can properly be sown thereon, for the behoof of the lessor.
As rent of which aforesaid lots of land and stock of cows and horses, the lessee promises to pay in three instalments the sum of nine hundred guilders in grain at beavers price, to wit: on the Ist of May 1665, three hundred guilders; on the Ist of May 1666, three hundred guilders; and on the Ist of May 1667, three hundred guilders, punctually, without suffering one year to run into the next unpaid.
For the full performance of these the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to the authority of all courts and judges. Done in the colony of Renselaerswyck in N : Netherland, dated as above.
CORNELIS WYNCKOOP This mark X was made by LAMBERT HUYBERTSZ, aforenamed In my presence, D. V. SCHELLUYNE, Vot. Pub. 1662
Substitution of Walewyn van der Veen for Philip Pietersen Schuyler as attorney for Aeltje Goossens Schuyler
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