USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 18
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1 The same as Hillebrantsen.
7
194
EARLY RECORDS OF ALBANY
the end of the lease at a valuation thereof by impartial persons to be called in for that purpose.
The lessee is holden to deliver back the land at the end of the lease with as many morgens sown as he now receives.
The lessor promises to deliver to the lessee between now and next month of May 1663, a stallion and four mares, together with eight milch cows, the increase of which shall be divided and received half and half at the end of the lease, when the number of said cattle which are now to be delivered must first be returned to the lessor ; the lessee to keep said cattle till May 1º. 1660. Fur- thermore the lessor shall deliver to the lessee a wagon and a plow with their appurtenances and the harness for four horses, which at the end of the lease he shall deliver again in good condition.
For the hire and use of said lot of land. the lessee promises to pay, the first year two hundred guilders in good grain at current beaver's price and a good fat hog, and every following year five hundred guilders to be paid as above, punctually and without letting one year run into the next unpaid. For the full performance [277] of these, the parties hereto mutually bind their persons and properties, nothing excepted, subject to the authority of all courts and judges. Done in Beverwyck in New Netherland, dated as above.
GOOSEN GERRETSEN This mark P H was made by PIETER HIELBRANTSZ, aforenamed
D. V. SCHELLUYNE, Not. Pub. 1662
Power of attorney from Margarita van Hardenbroeck to Gerard Swart
On this day, the 27th of October 1662, Margarita van Harden- broeck,1 widow of the late Mr Pieter Rudolphus, dwelling at Amsterdam in New Netherland, declared that by these presents she constituted and empowered Mr Gerard Swart, sheriff of the colony of Rensselaerswyck, as her special attorney to demand, collect and receive of sundry persons, her debtors, the payment
1 This power of attorney was given the day before the registration at New Amsterdam of the bans of marriage of Margariet Hardenbroeck and Frederick Phillipsen, from Bolsward, in Friesland, the later lord of the manor of Phillipsburgh in Westchester county. Margarita Hardenbroeck's first husband was Pieter Rudolphus de Vries, by whom she had a daughter Marin, on whom the Orphan Masters of New Amsterdam ordered her 10 settle her father's estate. See Minutes of the Orphan Masters of New Amsterdam, 1655 63, ed. by Berthold Fernow, p. 202-3, 222 23, 225, 226, 227.
195
NOTARIAL PAPERS 1 AND 2, 1660-1696
of certain sums due to her from them according to the proofs thereof placed in the attorney's hands; therefore acquittance to give for the receipts : the unwilling to compel to pay by means of justice; to this end all the terms of the courts to observe unto judgment and extreme execution thereof; and furthermore all things to do, transact and perform which may be needful and seem to him proper; [ the principal] promising at all times to hold valid whatever in the matter aforesaid shall be done and per- formed by said attorney, without any contradiction; provided the attorney be holden a proper return to make of his said transactions and receipts when required. Done in Beverwyck, dated as above.
MARGRITA HARDENBROCK
Contract of sale of a house and lot in Beverwyck from Pieter Claerboudt to Rut Arentsen
[278] On this day, the 2d of November 1662, appeared before me, Dirck van Schelluyne, notary public, and before the after- named witnesses, Mr Pieter Claerbout, of the first part, and Ruth Arentsz, master shoemaker. of the second part, acknowledging the said Mr Pieter Claerbout that he had sold and he, Ruth Arentsz. that he had bought of him a certain, the seller's, house and lot with all that is thereon fast by earth and nail, and moreover with such servient and dominant estates and rights as the seller received in the same from Folckert Janssz, Jan Thomasz and Gerrit Banckert, according to the proofs thereof which on the day of delivery shall be turned over to the buyer ; just as said house and lot are built. fenced and impaled, standing and lying in the village of Beverwyck, bounded west by the seller, on the east by Jan van lecken; the lot extending to the middle or cross-fence, known to the buyer. Said house and lot are sold and shall be delivered to the buyer with this servitude, namely, of a common wall and gutter on the west side which must be maintained by both the buyer and the seller; otherwise free and unincumbered, without any charges thereon or issuing out of the same, saving the lord's right; for which said house and lot said Ruth Arentsz, the [279] buyer. promises to pay to the seller the quantity of seventy-two good whole merchantable beaver skins at eight guilders each, in the month of July 1663. punctually and without longer delay ; and the buyer shall enter and take possession of said house and lot on the first of the month of December next, and the seller remains holden on the payment of said beavers in July Aº. 1663 aforesaid
196
EARLY RECORDS OF ALBANY
to give a law ful conveyance 1 of said house and lot to the buyer. For the fulfilment and performance of these the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to all courts and judges. Thus done and executed in Beverwyck in New Netherland, in presence of Mr Adriaen Gerritsz van Papendorp and Stoffel Janssz Abeel, as witnesses hereto called.
PIETTER CLAERBOUDT RUT ARENTZEN "
Adriaen Gerrelsen, as witness Stoffel Janss Abeel
D. V. SCHELLUYNE, Nol. Pub. 1662
Deposition by Jan Cornelissen Vyselaer respecting an agreement between Jacob Teunissen and Elbert Gerbertsen about the use of a horse
1280| Jan Cornelisz Vyselaer declares at the request of Jacob Theunisz" that last spring, being at the house of Anthony Jansz, he agreed with Elbert Gerbertsz ' that he should use the requirer's [Jacob Theunisz'] stallion from that time until this present autumn, on condition that if the horse in the meantime should happen to die of sickness or other accident, it should be at the charge and risk of the requirer, but if it died through manifest carelessness, it should be at the charge of said Elbert Gerbertsz. and further that the requirer should receive nothing for the use of said horse during said time. He is ready to confirm what is above written, if need be by, his oath when required. Done in Beverwyck in N: Netherland, this 6th of November 1662.
This mark X was made by JAN COR- VELISZ VYSELAER, aforenamed
Power of attorney from Jacob Teunissen to Andries de Vos to obtain compensation from Elbert Gerbertsen for the loss of a stallion
Jacob Theunisz hereby constitutes and empowers Andries de Vos as his special attorney either amicably or by means of judicial
1 For this conveyance, dated December 17. 1664, see Early Records of Albany, 1:00.
" Early Records of Albany, 1:60, Professor Pearson states that Rut Arentsen was in New Amsterdam perhaps in 1643 44, thereby referring to Rut Arentsen van Sell who in 1643 received a patent for a lot af New Amsterdam which he sold on October 17. 1644. to Arent Reyniersen This Kut Arentsen van Seyl, however, makes his mark and is apparently not the ame person as the shoemaker referred to above.
Jacob Tennissen Quick ; see next document.
Elbert Gerbertsen Cruiff.
197
NOTARIAL PAPERS 1 AND 2, 1660-1696
proceedings to obtain settlement of the claim which he has against Elbert Gerbertsz respecting and in the matter of a stallion which he had in use and which died through evident neglect ; therefore, if need be, to proceed with the utmost rigor to judgment and execution thereof inclusive; likewise to compound and agree with him about it, promising at all times to hold valid whatever shall be done and performed in the matter aforesaid by the attorney. Done in Beverwyck, the 6th of November 1662.
This mark X was made by JACOB THEUNISZ,1 aforesaid
Contract of sale of a half interest in a horse mill from Arent van Curler to Willem Bout
[281] On this day, the 18th of November 1662, Mr Arent van Curlar and Willem Bout acknowledge that on the date hereof they have adjusted and settled accounts concerning the building of a horse mill and its appurtenances standing in the village of Bever- wyck and what each side has contributed thereto and they there- fore declare that they have no further claim one against the other and release each other of all demands, so that each has a just half interest in the mill; furthermore. Willem Bout acknowledges that he has now bought and he, Mr Curlar, that he has sold to him his said just half of said horse mill: for which he, Willem Bout. promises to pay the sum of nine hundred guilders in good. whole beavers at eight guilders apiece, or else in wares at beaver's value, in three instalments, to wit: three hundred guilders in July 1663; in June 1664 a like three hundred guilders; and the remaining three hundred guilders in June 1665, every time punctually. For the performance and fulfilment of these the buyer binds his person and estate, nothing excepted, subject to the authority of all courts and judges. All in good faith. Done in Beverwyck, dated as above.
A: VAN CURLER This mark X was made by WILLEM BOUT, aforenamed
As witnesses. J. Dchinsse Pieter Meess I'rooman
D. V. SCHELLUYNE, Not. Pub. 1662
1 His mark is the same as that of Jacob Theunisz Quick on page [191].
198
EARLY RECORDS OF ALBANY
Contract between Willem Bout and Jeremias van Rensselaer for the sale of a horse mill, lot and garden in Beverwyck in exchange for a house and appurtenances in the Greyne Bos [282] On this day, the 18th of November 1662, Willem Bout acknowledged that he had sold and the Honorable Director Jere- mias van Rensselaer that he has bought of him a certain, the sel- ler's, mill house and horse mill with the stones and the lot consisting of a free alley and garden as shown to the buyer, with all that is fast thereon 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 mill house, mill, lot and garden are stand- ing and lying in the village of Beverwyck, bounded north by Jacques Tyssz and on the south by Theuniss Cornelisz alias Jonge Poentie ; which said mill house, mill, lot and garden are now sold and delivered and made over to the buyer free and unincumbered. without any charges thereon or issuing out of the same, saving the lord's rights, and a conveyance therefor shall be executed before the court. For the purchase and delivery of what is above men- tioned the buyer hereby transfers to the seller the ownership of the house and outbuildings in the Greyne Bosh in the colony of Rensselaerswyck, as the seller has hitherto possessed and occupied the same on a lease; the ground to remain to the behoof of the honorable patroon of said colony, but the seller to have the use of the same just as other free colonists and according to the customs of the colony. Moreover the buyer shall deliver to the seller at the first opportunity a good workhorse and a heifer in her second year : the parties hereto mutually promising nevermore to do or suffer to be done anything contrary hereto either in or out of. court in any [283] manner whatsoever, all honestly and in good faith, done in Beverwyck, dated as above.
As witnesses
This mark X was made by WILLEM Borr, aforenamed JEREMIAS VAN RENSSELAER 74: van Curler J Pieter Meess Vrooman D. V. SCHELLUYNE, Not. Pub. 1663
The foregoing contract is changed by the contracting parties in this way, namely :
Mr Rensselaer shall retain a free driveway to go to the mill and to the garden, wide ten feet Rhineland measure, the other condi-
1 Literally : pine woods; afterwards corrupted to Greenbush.
199
NOTARIAL PAPERS I AND 2, 1660-1696
tions remaining intact, but Willem Bout or his successors may not [pile] firewood or hay, nor build nearer to the mill house than one Rhineland rod ; and inasmuch as Willem Bout complains that he has sold too cheap, Mr Rensselaer promises, over and above what is mentioned in the above contract, to pay on his account to Mr Arent van Curler the sum of eight hundred guilders in beavers according to the contract which Willem Bout made with Mr Curler on the 18th day of this month. All in good faith, done in Rensse- laerswyck on the 23d day of November 1662.
JEREMIAS VAN RENSSELAER This mark X was made by WILLEM BOUT, aforenamed
Philip Pieterss A: van Curler
Lease of a garden in the colony of Rensselaerswyck from Gerard Swart to Lucas Eldertsen
[284] On this day, the 8th of December 1662, Mr Gerardt Swart, sheriff of the colony of Rensselaerswyck, acknowledged that he had let and Lucas Eldertsz1 that he had hired of him a certain the lessor's, garden lying in said colony, as the same is fenced off and has been used by the lessee since the first of March last for the time of the four following years to be reckoned from the first of March aforesaid; for the hire and use of said garden the lessee promises to pay the sum of one hundred and thirty-five guilders in good seawan, in three instalments, namely: Aº. 1663 a just third part; Aº. 1664 the second; and Aº. 1665 the last instal- ment, every time punctually : the lessee to remain holden to main- tain and also to deliver over the garden again at the end of the lease with the fence tight and in good repair. Besides the lessor shall have the privilege of planting some fruit trees in the garden for his benefit where it may please him to put them, and the lessee shall remain holden at the end of the lease to furnish at his expense a proper picket fence on the south side, so far as the garden extends in length, provided that the adjoining owner bear half the expense. For the performance and fulfilment of these the parties hereto
1 He is probably the same person as Lucas Eldertsen from Icveren (Jever, in Oldenburg), who in 1649 resided on the South or Delaware river and afterwards at New Amsterdam. In 1666, Annetje Jans, the widow of Lucas Eldertsen, married at New Amsterdam Laurens Jansen from Wormer, in the province of North Holland. See Doc. Rel. to Col. Ilist. N. Y. 12:53-54; Records of New Amsterdam and marriage and baptismal records of the Reformed Dutch Church of New York.
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EARLY RECORDS OF ALBANY
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.
G: SWARTT LUYCKAS ELDERSEN In my presence, D. V. SCHELLUYNE, Secretary 1662
Bond of Anthony Jansen to Philip Pietersen Schuyler
[285] On this day, the toth of December 1062, appeared before me. Dirck van Schelluyne, notary public, and before the after- named witnesses, Anthony Janssz, court messenger of the colony of Rensselaerswyck, and acknowledged that he was well and truly indebted to Mr Phillip Pietersz Schuyler in the sum of nineteen hundred and eighty guildlers in good strung seawan, growing out of the matter of brandy delivered and by him received to his content ; which said sum of 1. 1980 he. the subscriber, promises to pay in the month of April A". 1603. punctually : therefor binding his per- son and estate, nothing excepted, subject to all courts and judges. Thus done and executed in Beverwyck in N: Netherland, in pres- ence of Gerrit Visbeeck and Cornelis Bogardus, as witnesses hereto called.
Gerret Visbeeck Cornelis Bogardus
ANTHONY JANSZ
D. V. SentLUYNE. Not. Pub. 1662
Contract of service of Claes Cornelissen Switz as head farmer on Willem Teller's farm at Schenectady
[291|1 On this day, the 13th of January 1663, Mr Willem Tailler has engaged and Claes Cornelisz." head farmer," has bound himself faithfully to serve him. Tailler, on his farm lying at
1 Pages 285 and 280 go are blank and 28 ;- 88 contain a table of contents of the preceding part of the volume. The present page was originally num- bered i and marks the beginning of part 3 of the volume.
2 Claes Cornelissen Swits, the eldest son of Cornelis Claessen Swits, of New Amsterdam, who lost his life in the Indian onslaught of September 15. 1055. Claes Cornelissen Swits was killed accidentally by Philip Hendricksen Brouwer in September 1663. See Minutes of the Orphan Masters of New .Amsterdam. D. 5: and History of the Schenectady Patent, p. 147-48.
· borteknecht, meaning the principal farm hand or foreman of the farm laborers, or use o man in charge of the planting. in contradistinction to a dairy Fand.
201
NOTARIAL PAPERS I AND 2. 1660-1696
Schenechtede, to him, Claes Cornelissz, known; namely, to have proper supervision on said farm and to take good care of the plow- ing, sowing. mowing, threshing, winnowing and whatever else belongs thereto, in which work he promises to do his utmost duty and effort. Said service shall continue for the term of one year, commencing on the date hereof, in consideration of which service Willem Tailler promises to pay (besides proper food and drink) the quantity of thirty-six good, whole beaver skins reckoned at eight guilders each. For the performance and fulfilment of this contract, the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to all courts and judges. Done in Beverwyck, dated as above.
WILLEM TE[LLER] This mark X was made by CLAES CORNELISZ, aforesaid
As witnesses
G: Swartt Harmen Vedderen
D. V. SCHELLUYNE, Vot. Pub. 1663
Indenture of Cornelis van Schelluyne as clerk in Jan Cornelissen van der Heyden's store
[292] On this day, the 13th of January 1663, Mr Jan Cornelisz van der Heyden has engaged Cornelis van Schelluyne (with con- sent of his father ), who has bound himself faithfully to serve hin. Van der Heyden, in merchandising, keeping books and whatever appertains thereto, which service shall continue till the first day of September next ; for which service he, Van der Heyden, prom- ises to pay ( besides reasonable board and lodging) a suit of clothes and what belongs thereto, together with a present at the discretion of Van der Heyden.
For the performance and satisfaction of this contract the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to all courts and judges. Done in Beverwyck, dated as above.
JAN CORNELISZ VAN DER HEYDEN CORNELIS VAN SCHELLUYNE
Testis : Cornelis Corneliss V'icle
D. V. SCHELLUYNE 1663
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EARLY RECORDS OF ALBANY
Contract of sale of a lot in Beverwyck from Jochem Ketlehem to Barent Meyndertsen
[293] On this day, the 17th of January 1663, appeared before me, Dirck van Schelluyne, notary public, and before the after- named witnesses, Jochem Ketlehem,1 of the first part, and Barnet Myndertsz, master shoemaker, of the second part, acknowledging the said Ketlehem that he had soll and he, Barnet Myndertsz, that he had bought of him a certain, the seller's lot, in breadth along the highway 20 Rhineland feet, in the rear the same, and in length to the lot of Arnout Cornelisz, as said lot now lies over against the house and lot of Jillis Pietersz in the village of Beverwyck, to the buyer known: and that free and unincumbered with- out any charges thereon or issuing out of the same, saving the lord's right: for which said lot the buyer promises to pay the quantity of twenty-one good, whole beaver skins reckoned at eight guilders apiece, namely, in the month of July next eleven beavers, and in July 1664 ten beavers, besides at the first opportunity a pair of woman's shoes and a pair of child's shoes, likewise a pair of good boots on payment of the first instalment ; the buyer shall enter upon the lot from this date, and the same shall be transferred to him by a law ful conveyance, in virtue of the patent thereof, on the payment of [294] the last instalment. For the performance and satisfaction of this contract, the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to the authority of all courts and judges.
Thus done and executed in Beverwyck in N : Netherland, in pres- ence of Mr Adriaen van Hpendam and Jacob Gerritsz van Laer, as witnesses hereto called.
This mark W was made by JOCHEM KETLEHEM, aforenamed BARENT MEYNDERSZ
.Idriaen van Ilpendam, witness Jacob Gerretss van Laer
D. V. SCHELLUYNE, Not. Pub. 1663
Contract of sale of a house in Beverwyck from Hans Carel to Barent Meyndertsen
On this day, the 18th of January 1663. appeared before me. birck van Schelluyne, notary public, and before the afternamed
1 flis name is generally written Kettelheym, or Kettelhuyn. See L'an Rensselaer Bowvier Mss, n. 827.
203
NOTARIAL PAPERS I AND 2, 1660-1696
witnesses, Ilans Carelsz, of the first part, and Barent Myndertsz, of the second part; the aforenamed Hans Carelsz acknowledged that he had sold and he, Barent Myndertsz, that he had bought of him a certain, the seller's, house with what is thereto and therein fast by earth and nail, standing and lying in the village of Bever- wyck, to the buyer known. the lot remaining in the ownership [295] of the seller; which said building, as well the cellar as the house, the buyer on the first of March next shall have the right to pull down and move to whatever place is convenient to him; for which said building or house the said Barent Myndertsz, the buyer. promises to pay in the month of June next fifteen good, whole beaver skins, reckoned at eight guilders apiece, and a pair of woman's shoes; also in the month of June Aº. 1664 six like beaver skins, every time punctually. For the performance and satisfac- tion of what is hereinbefore written, the parties hereto mutually bind their respective persons and estates, nothing excepted, sub- ject to the authority of all courts and judges. Thus done and exe- cuted in Beverwyck in N: Netherland, in presence of Henderick Cuyler and Jacob de Truy, as witnesses hereto called.
HANS CAREL
BARENT MEYNDERSZ
Hendrick Coyler Jacob du Trux 1
Bond of Teunis Dircksen van Vechten to Aert Jacobsen vail Achtienhoven
[296] On this day, the 24th of January 1663. Theunis Dircxsz van Vechten acknowledges that he is well and truly indebted to Aert Jacobsz van Achtienhoven2 in the sum of seventy-seven guild- ers in beavers, growing out of the matter of the balance of purchase money for a house, fences and outbuildings upon the land called Groenendal, lying (at the south end where the descent is toward the island of Paepskene ), in the Greyne bos in the colony of Rensse- laerswyck, which said sum he, Theunis Direxsz van Vechten, hereby promises to pay in the month of June next in good, mer- chantable beavers at eight guilders each; for which he binds his person and estate, nothing excepted, subject to the authority of all
1 The same as du Trieux, now spelled Truax.
2 Aert Jacobsen moved to the Esopus in 1661. Achtienhoven is a village in the province of Utrecht.
20.4
EARLY RECORDS OF ALBANY
courts and judges. Done in the colony of Rensselaerswyck, dated as above.
This mark ++ was made by THEUNIS DIRCXSZ VAN VECHTEN, aforenamed In my presence. D. V. SCHELLUYNE, Secretary 1663
Will of Anneke Jans Bogardus
1 In the name of the Lord. Amen. Know all men [by these presents | that this day, the 20th of January 1663, about four o'clock in the afternoon, personally came and appeared before me, Direk van Schelluyne, notary public, and before the hereinafter named witnesses, the worthy Anneke Jan's daughter, first, widow of Roelott Jansz van Masterlant,2 and now lastly of the minister Domine Everhardus Bogardus, dwelling within the village of Beverwyck. well known to us, the notary and witnesses, she, the testatrix, [297] lying sick in bed, but being in full possession of her faculties. reason, memory and understanding, as it outwardly appeared to us. which said testatrix, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the hour thereof. and therefore wishing to anticipate the same by proper disposition of her temporal estate, declared that deliberately, without induce- ment, persuasion, or deception on the part of anyone, she had made. ordained and concluded this her present last will and testament as follows: First of all, commending her immortal soul to the gracious and merciful hands of God, her Creator and Redeemer, and her body to a Christian burial, and hereby revoking, canceling and ren- dering null and void all and every testamentary disposition which she may heretofore have made and executed and now disposing anew, she, the testatrix, declared that she appointed and instituted hereby as her sole and universal heirs her children, namely: Sara Roeloffsz. wife of Mr' Hans Kierstede, Catrina Rocloffsz, wife of Johannes van Brugh, together with Jannetie and Rachel Hartgers, children of her daughter Ssige Roelofs, deceased, late wife of Pieter Hartgers ( jointly by representation in their mother's place ).
1 The pages which should have contained the translation of the above wil were missing from Professor Pearson's manuscript. The present transla tion is revised from that printed in Munsell's Collections, 3:460 61.
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