USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 15
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[222] On this day, the 31st of May 1662, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Mr Phillip Pietersz Schuylder, magistrate of Fort Orange and Beverwyck, and declared that by virtue of a power of attorney executed by Aeltie Goossens van Schuylder, widow of the late Myndert Andriesz, before the honorable burgomasters and magis- trates of the city of Amsterdam in Holland, of date the 19th of January last, containing a clause of substitution, which was shown to us, the notary and witnesses, he substituted and put in his place
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EARLY RECORDS OF ALBANY
Mr Walewyn van der Veen, notary in Amsterdam in New Nether- land, specially to demand and receive from Fredrick Gysbertsz van den Berch, dwelling there, a due accounting, statement and balance of all that he has in hand or the administration of, belonging to the aforesaid Myndert Andriessz, deceased, according to the purport and tenor of the power of attorney and documents thereof, an authentic copy of which with this has been placed in the hands of the substitute; therefore, to receive good payment in return for merchandise in accordance with the conditions on which they were sent to him, acquittance to give for the receipts, and furthermore all things to do according to the contents of said power of attorney. whether with or without resorting to law, which may be needful or which may seem to him proper, as fully as the subscriber might or could do if he were himself present: [ the principal] promising at all times to hold valid whatever [ 223] may be done and per- formed by virtue hereof and of said power of attorney by said substitute, without any contradiction: provided the substitute be holden a proper return to make of his said transactions and receipts when requested. Thus done and executed in Beverwyck in New Netherland, in presence of Mr Abraham Staats, magistrate, and Gerrit Banckert, as witnesses hereto called.
PHILIP PIETERSZ SCHUYLER
.Ibram Staas: Gerret Bancken
D. V. SCHELLPYNE, Not. Pub. 1662
Contract between Jacob Kip and Jan Gerritsen van Marcken for the delivery of beer
On this day, the 3d of June 1662, Jacob Kip, brewer at Amster- dam in New Netherland, and Jan Gerritsz van Marcken, farmer [of the excise | in Beverwyck, have contracted with each other that he, Kip, shall send and deliver free to him, Van Marcken, by the sloops every week or fourteen days as he can best do so, a half last of strong beer and a half last of small beer, reckoned at thir- teen half barrels to the half last; for which Van Marcken promises to pay a hundred and seventy guilders in good, current seawan for every half last of strong beer, and for the half last of small beer forty-eight guilders ; Van Marcken being bound to return again the empty casks by the sloops, and Kip to let the payment for the first
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NOTARIAL PAPERS I AND 2, 1660-1696
half [224] last remain until the final settlement of accounts, and he, Van Marcken, to make payment for the remainder of the beer every trip of the sloops. This contract shall be binding until one of the parties gives notice of its repeal, Kip being holden after such notice to send and Van Marcken to receive one-half last. All in good faith done in Beverwyck, dated as above.
JACOB KIP J. G. VAN MARCKEN
In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Agreement between Albert Andriessen Bratt and his children in regard to the settlement of the estate of said childrens' mother
On this day, the 3d of June 1662, Albert Andriessz, widower of the late Annetie Barentsz van Rotmerz,1 dwelling in the colony of Rensselaerswyck in New Netherland, of the first part, and Mr Roeloff Swartwout, husband and guardian of Eva Albertsz, daughter of Albert Andriesz, Barent and Storm Albertsz, sons of said Albert Andriesz, Theunis Slingerlant, husband and guardian of Engeltie Albertssz, and Jan van Eckelen, husband and guardian of Gisseltie Albertsz, as well for themselves as in these presents filling the place of and undertaking for Andries, Jan and Dirck Albertsz, minor children, sons and daughters of said Albert Andriesz, their father, and Annetie Barentse, their mother, deceased, and there- fore heirs ab intestato to all the property left by their late mother, of the second part, in the presence [225] of and with the mediation of the Honorable Arent van Curler, commissioned councilor, and Gerard Swart, sheriff of said colony, together with François Boon, magistrate of Fort Orange, and Mr Jan Verbeeck, have in all love and friendship contracted and agreed respecting the buying out of said childrens' interest in their mother's estate, as follows: The said Albert Andriese promises hereby to convey to said children and heirs in free ownership, on the 5th day of this month of June. the house and lot standing and lying within the city of Amsterdam in New Netherland, bounded westerly and southerly by the streets, easterly by Claes van Elslant and northerly by the aforesaid Slingerlant, which house is at present occupied by the honor-
1 Thus in the records ; not Rolmers, as given in Van Reusslaer Bowier Mss. D. 360, note. The place is not identified.
6
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EARLY RECORDS OF ALBANY
able Burgomaster Allert Anthony, with such servient and dominant estates and rights as the said Albert Andriessz has hitherto possessed in the same, saving the lord's right, of the pro- ceeds of which house and lot, whether in selling or leasing, accord- ing to the pleasure of the said children and heirs, they shall receive each an equal portion. On the other hand, said Albert Andriessz shall remain in full possession of the estate, all other effects, debts and credits to be to his loss and profit [ 226] and furthermore he shall be holden to maintain, nourish and train in all godliness the minor children till they become of age or marry.
Herewith, the parties declare that they have apportioned and divided and to their satisfaction come to a final settlement with each other regarding the inheritance of said children and heirs arising from their maternal estate, without having any further claims one against the other in the matter aforesaid. Promising nevermore to do nor cause to be done anything contrary hereto, they bind hereto their persons and estates, nothing excepted, sub- ject to all courts and judges. Done in the colony of Rensselaers- wyck in New Netherland, on the date above written.
AALBERT ANDRIESSE ROELOFF SWARTWOUT This mark X was made by BARENT ALBERTSZ, aforenamed STORM ALBERTSEN VAN DE SEE TUENYES CORNELISZ SLYENGHERLANT This mark was made A by ANDRIES ALBERTSZ, aforenamed JAN IANS VAN EECKEL
A: van Curler G: Swartt Francoys Boon Jan Verbeeck
In my presence, D. V. SCHELLUYNE, Secret'y 1662
Lease of a mare from Cornelis Teunissen Bos to Teunis Cor- nelissen van Rossum
[227] On this day, the 11th of June 1662, Cornelis Theunisz Bos acknowledges that he has let and Theunis Cornelisz van Rossum that he of him has hired a mare for the time of one year,
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NOTARIAL PAPERS I AND 2, 1660-1696
beginning on the Ist day of May last, to be used in the service of the lessee; for which the lessee promises to pay to the lessor at the end of the year four good, whole beaver skins, reckoned at eight guilders apiece, or otherwise thirty-four skipples of oats, the lessee being holden at the end of this lease to deliver up again to the lessor said mare sound and in good condition; and in case of her death within the year, the lessee promises to pay therefor to the lessor the same sum and in the same currency as she was bought for by him of Director Rensselaer at public vendue ; and in case a colt be born of said mare, it shall belong to the lessor. For the full per- formance of these the lessee binds his person and estate, nothing excepted, subject to the authority of all courts and judges. Done in Beverwyck in N: Netherland, dated as above.
CORNELIS THONISEN BOS This mark 1 X was made by THEUNIS CORNELISZ VAN ROSSUM, aforenamed In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Contract of Frans Pietersen Clau with Jan Dircksen van Bremen for the delivery of logs
[228] On this day, the 17th of June 1662, Frans Pietersz Clau and Jan Dircxsz van Bremen have agreed with each other in man- ner following :
Jan Direxsz van Bremen undertakes and promises hereby to deliver on the bank of Flodder's kill,2 between this time and next fall, four hundred logs, for which purpose Frans Pietersz, for his accommodation in drawing the logs out of the woods, shall furnish two horses, a truck with solid wheels (rol wagen), ropes and other appurtenances, the horses being at the risk of Frans Pietersz pro- vided that van Bremen shall not use the horses, truck, and tools for himself or any other person; and Frans Pietersz promises to pay to Jan Dircxsz van Bremen for each log forty-five stivers in boards at the current seawan price. For the full performance of
1 The mark is the same as that of Teunis Cornelissen in Early Records of Albany, 1:77, 79, whom Professor Pearson, apparently erroneously, identifies with Tennis Cornelissen van Vechten.
2 Perhaps the same as the Fifth or Patroon's creek, on which Jacob Jansen Gardenier, alias Flodder, had a sawmill. See l'an Rensselaer Bowier Mss, p. 816.
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EARLY RECORDS OF ALBANY
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 Rensselaerswyck, dated as above.
FRANS PIETERSEN CLAU JAN DIRCKSEN VAN BREMEN
This mark X was made by Hans Janss van Rotterdam
Poulys Jansen
In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Lease of a farm near Breuckelen, Long Island, from Frederick Lubbertsen to Roelof Willemsen van Heerden
[229] On this day, the 27th of June 1662, Frederick Lubbertsz acknowledges that he has let and Roeloff Willemsz van Heerden that he has hired of him the lessor's farm, consisting of a dwelling house, barn rick, garden, arable and woodland, lying within the jurisdiction of Breuckele on Long Island, to the lessee well known, for the time of six years commencing from the ist of August next, upon the following conditions :
The lessee shall enter upon and sow the arable land when the grain of the next harvest shall be taken off.
The lessee who now occupies the house, barn and rick shall con- tinue in the use of the same till the ist of May 1663, and the pres- ent lessee [ van Heerden] shall likewise occupy the same as much Jonger after the expiration of this lease.
The lessor promises to deliver to the lessee a stallion and a mare, also four cows next spring, the lessee to receive the half of the increase thereof and the increase to be divided every three years ; the lessee shall be hoklen at the end of this lease to deliver up again the original number to the lessor, but the lessee shall receive and use said two horses next autumn at his risk.
There shall be delivered to the lessee a wagon, a plow with appurtenances, a new harrow with iron teeth, three sickles and a scythe.
for the rent of the said farm the lessee [230] promises to pay every year three hundred and fifty guilders in good, strung seawan. or grain at seawan value, at the option of the lessor ; and the lessee
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NOTARIAL PAPERS 1 AND 2, 1660-1696
may mow each year as much hay in the marsh (valey) near the farm as he needs for the cattle. Furthermore, the charges and taxes which are already or may hereafter be assessed on the farm by the village shall be paid by the lessee.
And as the farm, farming implements and cattle are to be delivered to the lessee in proper condition and repair and fence, the lessee shall be holden at the end of the lease to deliver up the same in similar condition, unavoidable accidents excluded. the risk as to the horses being reserved as above.
For the fulfilment and performance of what is hereinbefore written, the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to all courts and judges. Done in the colony of Rensselaerswyck, on the date above written.
FRERICK LUBBERTSEN ROELEF WILLEMSEN
As witnesses alalbert anderiessen 1 A: Appel
D. V. SCHELLUYNE, Not. Puh 1662
Agreement between the relatives of the late Seger Cornelissen van Voorhout and Folckertje Juriaensen, sister-in-law of Andries Herbertsen Constapel, the parties of the first part engaging not to prosecute said Constapel for the slaying of Seger Cornelissen
[231] On this day, the 27th of June 1662, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Cornelis Segersz van Voorhout2 and Brechtie
1 Thus in the original.
2 Though Cornelis Segersen as well as his children who were born in Holland are in the records commonly referred to, and also sign themselves. as "van Voorhout." Cornelis Segersen is designated as " van Egmont " in his contract with the patroon of August 25. 1643. in I'an Rensselaer Bowier Mss. p. 679, and the same name occurs in connection with the baptism of children of the third and fourth generations in the records of the Reformed Dutch churches at New York and Albany. In view of these facts. Mr Richard Schermerhorn, jr. in his Schermerhorn Genealogy and Family Chronicles, p. 37. has expressed the opinion that although Cornelis Segersen
" undoubtedly came direct from Voorhout to this country. he belonged to the original Egmont family of Holland from which the town of Egm nt takes its name." Leaving aside the question as to whether the place t. k its name from the family, or. as generally held. the family took its name from the place, it may, in the absence of any direct proof to the effect that Cornelis Segersen belonged to the famous Egmond family of which the
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EARLY RECORDS OF ALBANY
Jacobsz's daughter, married people, father and mother of the late Seger Cornelisz van Voorhout;1 Jannetie Theunisz's daughter van Vechten, widow of said Seger Cornelisz, assisted by Theunis Direxsz Van Vechten, her father, and Dirck Theunisz, her brother; Cornelis Cornelisz van Voorhout, brother of said Seger Cornelisz, deceased: Jacob Schermerhoorn, husband and guardian of Jannetie Cornelisz's daughter van Voorhout; and Hans Carelsz,2 husband and guardian of Neeltie Cornelis van Voorhout, as well for themselves as herein representing and undertaking for François Boon, husband and guardian of Lysbet Cornelisz van Voorhout, sister of said Seger Cornelisz van Voorhout, deceased, and all other their relatives, blood relations and kindred. of the first part ; and Folekertie Juriaensz, wife of Jan Franssen van Hoesen, in the name and on the part of her sister Annetie Juriaens, wife of Andries Herbertsz Constapel,3 of the second part ; all dwell- ing, some in the village of Beverwyck and the others in the colony of Rensselaerswyck ( known to me, the notary, and the undersigned witnesses ) ; which said persons declared that last Friday, the 23d day of this month (God help us). it unfortunately happened that in the course of a dispute between said Seger Cornelisz and Andries 1 Jerbertsz Constapel occurring in the tavern of Anthony Janssz in
. ill-fated Count Lamoral van Egmond, beheaded at Brussels in 1568, was the last conspicuous member, be remarked (f) that the name "van Egmont," or "van Egmond," was borne in Holland by other families than that the lords of Egmond; (2) that in the seventeenth century there was a noble family by the name of "van Voorhout,' of which Simon van Leeuwen in his Batavia Illustrata, p. 1138, relates that the first known member, Willem van Voorhout, knight, together with Allert, lord of Egmont, and other knights, was slain by the Frisians at Schorel (Schoorl) in 1168 and buried in the abbey of Egmont; and (3) that according to Bernard J. M. de Bont, De " Regale" Abdij van Egmond ( Amst. 1905). p. 12, the abbey of Egmond, among other revenues, received the tithes of the church at Voorhout, so that it is quite possible that Cornelis Segersen was born at or near Voorhout on land that formerly ( the abbey was destroyed in 1573) belonged to the jurisdiction of the abbey of Egmond, and that he described himself indiscriminately as "van Voorhout," or "van Egmont." Names derived from wealthy abbeys seem to have been not uncommon ; see the note on the van Benthuysen family. The name Clearwater, which may be derived from the convent of Claerwater, on the Veluwe, in Gelderland, is apparently another case in point. See also "Genealogical notes on a very old New York family and some of its branches," by Richard Schermerhorn, Jr, in New York Genealogical and Biographical Record, 1915, 46:343-46.
1 In New York Colonial Manuscripts, v. 16, pt 2, p. 70, he is referred to as " Seger Cornelissen Wip," and in Early Records of Albany, 1:21, as " Kersie Wyp."
" He is also referred to as lans Carelsen Noorman and was probably the Same person as Hans Carelsen van Langesont (Langesund), mentioned in the Dutch Records of Kingston, revised translation by Samuel Oppenheim, p. 36. and Hans Carolusen, whose house at Witwick was burned in the second Esopus war in 1663: see Doc. Rel. to Col. Hist. V. Y. 13:247. He was the ancestor of the Toll family in Schenectady.
$ Meaning " the gunner" Sec L'an Rensselaer Bowier Mss, p. 820.
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NOTARIAL PAPERS I AND 2, 1660-1696
Beverwyck aforesaid, he, Seger Cornelisz, with a cue of the billiard table struck said Constapel over the head and severely wounded hin, whereupon he, Constapel, [232] stabbed him, Seger Cornelisz, in the belly with a knife, in consequence of which (after they on Satur- day, the 24th of this month, had forgiven each other this misfortune and accident from the bottom of their hearts) said Seger Cornelisz in the latter part of the night died. NOW THEREFORE, since this mat- ter is very grievous to both sides, the parties of the first part at the request of said Folckertie Jurriaens, henceforth and forever heartily forgive said Andries Herbertsz Constapel for whatever offenee he may have committed thereby, without desiring now or at any time hereafter to inflict or to cause to be inflicted upon him any manner of punishment or revenge; provided that Andries Herbertsz be holden, for the prevention of greater mischief, to avoid and wherever it may be to keep himself as much as possible out of the way of the relatives of the deceased; hoping, asking and praying that the same pardon and forgiveness may be granted to him by the honorable director general and council of New Netherland, prom- ising nevermore to do nor cause anything to be done contrary hereto in any manner, binding themselves thereto as by law pro- vided. All in good faith, done and executed in the colony of Rensselaerswyck, in presence of Domine Gideon Sehaets, minister of the holy Gospel, Mr Jan VIer]beeck, and Adriaen AAppel, as witnesses hereto ealled.
CORNELIS ZEEGERS This mark X was made by BRECHIE JACOBSZ, aforenamed JANTJE THEUNISZ This mark + was made by THEUNIS DIRCXSZ VAN VECHTEN, aforenamed This mark + was made by CORNELIS CORNELISZ, aforenamed
JACOB JANSEN SCHERMERHOOREN
DIRCK THEUNISZ : HANS CAREL This mark X was made by FOLCKER- TIE JURRIAENSZ, aforenamed
Gideon Schaets, pastor in Beverwyck Jan Verbeeck
A: Appel
D. V. SCHELLUYNE, Not. Pub. 1662
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EARLY RECORDS OF ALBANY
Bill of sale of two horses, a beer wagon, ten barrels and a brew kettle from Rutger Jacobsen to Hendrick Jansen Looman
[233] On this day, the 27th of June 1662. Ruth Jacobsz acknowledged that he had sold and Hendrick Janssz Looman' that he had bought of him a gelding and a mare viewed by the buyer to his satisfaction, together with ten half-barrels, a beer wagon and a light brew kettle, also known to the buyer, for which the buyer promises to pay the quantity of fifty-seven beavers, reckoned at eight guilders apiece, to be paid upon the delivery of the horses. which shall be done next autumn when the winter grain is in the ground, thereto binding their respective persons and properties. nothing excepted, subject to the authority of all courts and judges. Done in Beverwyck, dated as above.
RUTGER JACOBSZN This mark II was made by HENDRICK JANSZ LOOMAN, aforenamed
Is witnesses G: Swartt J. G. v. Marcken
In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Bond of Pieter Jansen de Boer to Pieter Riverdingh [234] On this day, the 3d of July 1662, Pieter Jansz de Boer. born at Hoorn in Holland, acknowledged that he was well and truly indebted to Mr Pieter Riverdinghe in the sum of eighty guild- ers Holland money, to be paid in Holland, growing out of the mat- ter of merchandise delivered and by him to his content received : for which sum he, Pieter Janssz, requests that his brother-in-law Douwe Myndertsz, dwelling at Hoorn aforesaid, on sight of this will please to pay out of the property to which he fell heir by the death of his late father Jan Pietersz de Boer and of his grandmother Tryntie Jans's daughter, and remaining in the hands of his said brother-in-law: in default whereof, contrary to expectation, he.
1 In the Dutch Records of Kingston, revised translation by Samuel Oppen- Jeim, p. 2%. he is referred to as a brewer's helper who was killed during the trouble with the Indians on June 7, 1663, leaving no relatives. See also Doc. Rel. to Col. ITist V. Y .. 13 :245.
2 Pieter Riverdich, or Kyverdiugh was court messenger of Beverwyck 111 1651
NOTARIAL PAPERS 1 AND 2, 1660-1606
Pieter Jansz, promises to pay the said sum here in this country in beavers, at such current price as beavers shall be sold for this year in Holland, in the trading season A" 1663, with interest on the same at ten per cent a year, beginning from this date and running until the effectual payment hereof; thereto binding his person and estate, nothing excepted, subject to all courts and judges, requesting me. the notary, to issue hereof three bonds, of the same tenor, the one paid, the others to be null and void.
Done in the colony of Rensselaerswyck in New Netherland, dated as above, in presence of Adriaen Appel and Cornelis van Schelluyne. as witnesses hereto called.
This mark + was made by PIETER JANSSZ DE BOER, aforenamed
A: Appel Cornelis van Schelluyne
? Las witnesses
D. V. SCHELLUYNE, Not. Pub. 1662
Agreement between Gerrit van Slichtenhorst and Jan Andriessen regarding the payment of an obligation executed by the late Pieter Theunissen
[235] On this day. the 13th of July 1662, Mr Gerret van Slechtenhorst, as attorney for his father Mr Brant van Slechten- horst by power of the 6th of October 1654. of the first part, and Jan Andriessz.1 dwelling at Katskil, of the second part, through the mediation of the underwritten arbitrators chosen and selected by the parties respectively, have agreed with each other about the satisfaction of an obligation dated the 4th of November 1653. executed by or on the part of Pieter Theunisz. deceased, then the husband of the present wife of said Jan Andriesz, named Catarina Goris, said obligation amounting to the sum of seven hundred and seventy-two guilders and twelve stivers, with the interest thereon. according to the tenor of said obligation in manner following.
Jan Andriesz hereby promises to pay to said Slechtenhorst, or his order or assign, in full satisfaction of said obligation and the interest thereon, next autumn three barrow pigs, each of the value of five beavers : in the spring of 1663 six mudden2 of good winter wheat ; and in the autumn of 1663 three oxen, each three years old.
1 Jan Andriessen, the Irishman. March 9, 1665, the administrators of his estate offered his land for sale; sce Early Records of . Ibany, 1 :71.
2 One mud, or mudde,= 3,056 bushels.
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EARLY RECORDS OF ALBANY
Wherewith the parties are fully agreed and satisfied, [236] neither one having any further claim upon the other, the said Jan Andriesz promising that he will faithfully observe and fulfil the aforesaid promise and conditions, for which he binds his person and estate, nothing excepted, to the authority of all courts and judges. All in good faith, done in the colony of Rensselaerwyck, dated as above.
This mark X was made by JAN ANDRIESZ, aforesaid GERRIT VAN SLICHTENHORST
Philip Pietersz Schuyler Jan Dareth .1: Appel
chosen arbitrators
In my presence, D. V. SCHELLUYNE, Not. Pub. 1662
Contract between Jacob Hevingh and Reyndert Pietersen and Pieter Bronck for the conveyance of two houses, a brewery and appurtenances to satisfy two mortgages
[237] On this day, the 4th of August 1662, Jacob Hevingh and Reyndert Pietersz, of the first part, and Pieter Bronck, of the second part, through the mediation of the undersigned arbitrators chosen and invited by the parties respectively, have agreed with each other about the satisfaction of a mortgage dated the 17th of November 1061 for the sum of 2272 guilders with the interest thereon for the behoof of Jacob Hevingh and [ of another to | Reyn- dert Pietersz for the sum of eight hundred and thirty-two guilders also with the interest thereon, dated the 4th of August 1660, accord- ing to the tenor of the same, in manner following :
Pieter Bronck promises at the first opportunity to give a lawful conveyance to Jacob Hevingh and Reyndert Pietersz of the dwell- ing house, brewery, mill house, horse stable and hay barn, together with the well and lot. standing and lying in the village of Bever- wyck, bounded on the north by the blockhouse (belonging to said Bronck), as the same are built and bounded, shown to said Jacob Hevingh and Reyndert Pietersz and known to them, all free and unincumbered. without any charges thereon or issuing out of the same, saving the lord's right ; likewise the house and lot standing and lying on the hill, at present occupied by Paulus Jurriaensz, also
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