Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3, Part 23

Author: Albany County (N.Y.); Pearson, Jonathan, 1813-1887, [from old catalog] tr; Van Laer, Arnold J. F. (Arnold Johan Ferdinand), 1869-1955
Publication date: 1869
Publisher: Albany, The University of the state of New York
Number of Pages: 662


USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 23


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


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EARLY RECORDS OF ALBANY


and appeal also to prosecute ; likewise with power to arrange, agree and compound, and one or more persons to substitute in his place. having the same or limited power : promising at all times to hold as valid all that may be done and performed in the matter aforesaid by said attorney, or said substitute, without any opposition; pro- vided that the attorney be holden a proper return to make of his said transactions and receipts when requested.


Thus done and executed in Beverwyck in N: Netherland, in presence of Mr Jan Cornelissz van der Heyde and Cornelis van Schelluyne, called as witnesses hereto.


DANIEL DE HIONDECOUTRE


Jan Cornelisz Vander Heyden Corn Is aan Schelluyne


D. V. SCHELLUYNE, Not. Pub. 1663


Bond of Storm Albertsen van der Zee to Willem de Maerschalck and Daniel de Hondecoutre


[379] On this day, the 12th of September 1003. appeared before me. Direk van Schelluyne, notary public, and before the afternamed witnesses, Storm Albert-z van der See, trader here. who acknowledged that he was well and truly indebted to Messrs Willem Marschalck and Daniel Hondecoutre, also traders here. in the sum of fourteen hundred and eighty seven guilders and seven- teen stivers, growing out of the purchase and delivery of blankets and other goods to his content received: which said sum of fl. 1487 17 he promises to pay in good, whole beaver skins reckoned at eight guilders apiece, so soon as said goods shall be sold, and those not sold the appearer hall deliver up again in payment, at the price said goods according to the account were purchased for : and in case said appearer happens to die, then shall Hendrick Bries. master shoemaker here (also appearing here), take possession of and sell said goods in manner as above. For the performance and satisfaction .hereof they. the appearers, bind their respective per- sons and estates, nothing excepted, subject to all courts and judges. Done and executed in Beverwyck in New Netherland, in presence of Mr Jan Nack and Cornelis van Schelluyne, called as witnesses hereto.


Jan Nak Cornelis van Schelluyne


STORM VAN DER ZEE


HENDRICK BRIES


D. V. SCHELLUYNE, Not. Pub. 1663


249


NOTARIAL PAPERS I AND 2, 1660-1696


Bond of Jan Nack to Willem de Maerschalck and Daniel de Hondecoutre


[380] On this day, the 12th of September 1663, appeared before me, Dirck van Schelluyne, notary public, and before the herein- after named witnesses. Mr Jan Nack,1 trader here, who acknowl- edged that he had received from the hands of Messrs Willem Marschalck and Daniel Hondecourte in merchandise, duffel, blankets and other goods, the sum of twenty-five hundred and sixty-four guilders and sixteen stivers, which said merchandise and goods he promises to trade to the best profit of said creditors for good beavers and peltries, he, the appearer, to receive the just half of the profit to be made thereon. For the performance and satisfaction hereof he binds his person and estate, nothing excepted, subject to the authority of all courts and judges. Thus done and executed in Beverwyck in N: Netherland, in presence of Storm Albertsz van der See and Hendrick Bries, master shoemaker, called as witnesses hereto.


Storm van der Zee Hendrick Bries


JAN NACK


D. V. SCHELLUYNE, Not. Pub. 1663


Bond of Hendrick Cornelissen Maessen to Stoffel Jansen Abeel [381] On this day, the 12th of September 1663. appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Hendrick Cornelisz Maessz, propos- ing to return to Holland, and acknowledged that he has received from the hands of Stoffel Janssz Abeel the quantity of twenty-five good beaver skins, reckoned at eight guilders apiece, for which beaver skins he promises to pay to Mr Jan Hendricxsz Sybingh, merchant in Amsterdam in Holland, or the lawful bearer hereof, in silver or gold specie Holland value as much as the beavers are then sold for in the Holland market; and in default of this, he promises to pay said 25 beavers here in this country on demand, without loss or expense, with interest on the same at ten per cent per annum, commencing (in that case) on the date hereof and running until the full and effectual payment thereof ; therefor binding his person and estate, nothing excepted, subject to the


1 Jan Nack was from Utrecht. The bans of his marriage to Catharina Roemers were registered at New Amsterdam on October 28, 1663.


250


EARLY RECORDS OF ALBANY


authority of all courts and judges. Thus done and executed in Beverwyck in N: Netherland, in presence of Cornelis Theunisz Bos and leendert Phillipsz,1 as witnesses hereto called.


This mark X was made by HENDRICK CORNELISZ MESSZ


Cornelus Thonisen Bos Leendert Phyles


D. V. SCHELLUYNE, Not. Pub. 1663


Bond of Cornelis Theunissen Hoogeboom to Jacob Hendricksen Tery


[382] On this day, the 12th of September 1603. appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Cornelis Theunissz Hoogeboom, who acknowledged that he was well and truly indebted to Jacob Ilen- driexsz Tery in the sum of four hundred guilders, in seawan, growing out of the matter of a like sum which he, Tery, has undertaken to pay on account of the said appearer to Mary Goos- sens : which said sum of four hundred guilders he, the appearer, promises to pay to said Tery, or the lawful bearer hereof, on the last of the month of October next, punctually, without longer delay ; therefor binding his person and estate, nothing excepted, subject to the authority of all courts and judges. Thus done and executed in Beverwyck in New Netherland. in presence of Mr Wilhem Marschalck and Cornelis van Schelluyne, called as wit- nesses hereto.


This mark VII was made by COR- NELIS THEUNISSZ. aforenamed


Willem De Macrschalck C D'. Schelluyne


D. V. SCHELLUYNE, Not. Pub. 1663


Power of attorney from Maria Wessels to Johannes Provoost [383] On this day, the 15th of September 1003, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Juffrouw Maria Wessels, spinster (jonge dochter), dwelling at Amsterdam in New Netherland, at present


1 Leendert Philipsen Conyn


25I


NOTARIAL PAPERS I AND 2, 1660-1696


here in Beverwyck, and declared that she constituted and appointed hereby Mr Johannes Provoost, clerk of the honorable court here, her special attorney to demand, collect and receive of Mr Adriaen Gerritsz, administrator of the goods and effects of Dirck Jansz Croon, here in this country, a certain sum of ten hundred Carolus guilders, Holland money, or the value of the same, as is due to her by the same by virtue of the testament thereof; furthermore to demand and sue for the half of the property of said Dirck Janse Croon, because he had promised to marry her, according to evi- dence thereof existing, and now on the contrary has married another ; therefore acquittance for receipts to grant, and in case of unwillingness to proceed against him at law unto judgment and the extreme execution thereof ; but with power to agree, arrange and compound; and furthermore all things to do, transact and per- form in or out of court which may be needful and may seem to him proper; promising at all times to hold valid whatever may be done and performed in the matter aforesaid by said attorney, without any opposition ; provided the attorney be holden a proper return to make of his said transactions and receipts when required. Thus done and executed in Beverwyck in N: Netherland, in presence of [blank], called as witnesses hereto. [The document is not signed.]


Power of attorney from Jan Labatie to Ludovicus Cobes


[384] On this day, the 18th of September 1663, Mr Jan Labate declared that he hereby constituted and appointed Louies Cobes, court messenger of Fort Orange and the village of Beverwyck, his special attorney to demand, collect and receive from diverse per- sons his debtors here and in the vicinity payment according to obli- gations, accounts, and vouchers thereof placed in the hands of the attorney; therefore, acquittance for receipts to grant; the unwilling to coerce to payment by legal process and rigor of justice ; to which end all the terms of the courts to observe into judgment and the extreme execution thereof; with power also to agree, arrange and compound ; furthermore all things to do, trans- act and perform which may be needful and which he may think proper ; promising at all times to hold valid whatever may be done and performed in the matter aforesaid by the said attorney, with- out any opposition, provided he be holden a proper return to make


252


HARLY RECORDS OF ALBANY


of his said transactions and receipts. Done in Beverwyck in New Netherland, in presence of the undersigned witnesses, dated above.


JAN LABATIE


.1- witnesses [ Jan Nack C. V. Schellugne


D. V. SCHELLUYNE, Not. Pub. 1663


Substitution of Matheus de Vos for Philip Pietersen Schuyler as attorney of Gerrit Schuyler


[385] On this day, the 20th ci September 1003, appeared before me. Dirck van Schelluyne, notary public, and before the afternamed witnesses, Mr Phillip Pieterssz, trader in Beverwyck, and declared that by virtue of a power dated the 5th of June 1658, executed by Gerrit Schuyler, a Cologne skipper.1 before the notary Jacob de Winter and certain witnesses at Amsterdam in Holland, containing the clause of substitution shown to us, the [present] notary, and witnesses, he hereby substituted and put in his place Mr Matheus de Vos, also a notary, at Amsterdam in New Nether- land, especially to demand, collect and receive from the widow and relict of the late Gabriel de llaes payment of certain two hundred six dollars Holland value, ( which should have been paid long ago in Holland) honestly due to said Gerrit Schuyler, according to proof thereof, a copy of which with this is placed in the hands of the substitute, and that with expenses, damage and interest thereon. Therefore, in case said widow at the earliest opportunity (at latest in the year 1601) can pay said sum with the interest by exchange on Holland, (furnishing therefor in this country secure and sufficient sureties, to the end that in case of need said sureties jointly and in solido remain holden for the payment of said bill of exchange on demand, to be satisfied without expense and loss ), in such case and under such reservation to grant her acquittance ; and in case of unwillingness, by legal process to constrain her to the payment of said two hundred six dollars here in this country in goods of such worth and value in Holland currency (as must be paid in Holland) as the judge in this country shall adjudge to be just) ; to this end all the terms [386] of the courts to observe, all in compliance with and according to the tenor and contents of said power, and furthermore all things to do, transact and perform which may be needful and which he shall judge proper ; promising at all times to hold and cause to be hoklen valid whatsoever shall


Koulose schiffer, i. e skipper sailing between Amsterdam and Cologne.


.


253


NOTARIAL PAPERS I AND 2, 1660-1696


be done and performed by the said substitute by virtue liereof, and of said power of attorney; provided he remain holden a proper return to make of his said transactions and receipts when required. Thus done and executed in Beverwyck in New Netherland, in presence of Arent Janssz, master carpenter, and Myndert Har- mensz, called as witnesses hereto.


PHILIP PIETERSZ SCHUYLER


Arent Jansen Meyndert Harmenss 1


D. V. SCHELLUYNE. Not. Pub. 1663


Agreement between Gysbert Cornelissen and Thomas Coninck regarding the products of the farm now occupied by said Coninck


Whereas Gysbert Cornelisz. farmer on the hill 2 in the colony of Rensselaerswyck, has acquired by purchase of Marten Cor- nelissz the buildings consisting of house and barn lying in said colony, at present occupied by Thomas Coninck, together with this harvest's produce of the field and garden sowed by said Coninck, therefore they, the contracting parties, acknowledge that they have agreed and covenanted in friendship that Thomas Coningh shall now enjoy the garden and field products of said land and nothing more, provided he pay to the honorable director of [387] this colony the rent due for two years; accordingly, he, Thomas Coninck, has no claim or demand whatever on said land or build- ings, and is hereby released from all further demands. And the contracting parties promise nevermore to do nor cause to be done anything contrary hereto, binding themselves thereto as by law provided. Thus done and subscribed by the contracting parties in Beverwyck in New Netherland, in presence of Anthony Janssz, court messenger, and Willem Martenssz Huys, as witnesses, 20 Sept. 1663.


This mark X was made by GYSBERT CORNELISZ, aforenamed TOMAS CONI[N]CK


Anthony Janss Willem Martenss Hues


D. V. SCHELLUYNE, Not. Pub. 1663


1 Meyndert Harmensen van den Bogaert, the son of Surgeon Harmen Meyndertsen van den Bogaert.


2 bouwman aende berch; referring to Gysbert Cornelissen van Breuckelen, who occupied the farm called the Berch, or the Hoogeberch. See L'an Rensse- lacr Bowvier Mss, p. 769.


254


EARLY RECORDS OF ALBANY


Power of attorney from Harmen Thomassen Hun and his wife to Jan van Dorp and Baeyken Adriaens


On this day, the ist of October 1663. appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Harmen Thomassz van Amersfort,1 master shoemaker, dwelling in the village of Beverwyck near Fort Orange, and Cate lyntie Berck, his wife, formerly widow of the late Dirck Ben- sinek. to the undersigned witnesses known, and declared that inas much as Adriaen van Laer and Jan Cloete are to remain for the present in this country, whom the subscribers constituted [ 383 ] their respective attorneys, to wit, Van Laer by power of date the 5th of July .A. 1661,2 executed before me, the notary, and certain witnesses, and Cloete by power executed the 20th of August A9. 1662,3 before Notary Salomon Lachair, deceased, and certain wit- nesses in Amsterdam in N: Netherland, both of these powers are hereby revoked, canceled and annulled and in place thereof the subscribers have constituted, authorized and appointed, as hereby they do constitute, authorize and appoint their brother-in-law, Jan van Dorp van Elsloo, dwelling at Sittert in the land of Gulick,4 and Baeyken Adriaens, mother of said Van Laer, dwelling in the Cappel steech at Amsterdam in Holland, jointly and severally their special attorneys to demand, collect and receive at the Orphan chamber in said city of Amsterdam a certain just portion inherited by and devolved upon her, Catalyntie Bereq, by the death and decease of Tryntje Jan's daughter van Rechter, her deceased mother, late wife of Cornelis Stoffelsz Bul, who died at Amsterdam aforesaid in the year 1056; which said portion is entrusted to said Orphan chamber, according to the letter from her said brother-in- law. Jan van Dorp van Elsloo, dated the 15th of April last ; likewise the amount due her from the honorable chartered East India Com- pany; therefore, acquittance for receipts to execute; for all subse- quent demands to become personally responsible or to offer suffi cient sureties to the satisfaction of the honorable orphan masters and directors of the East India Company respectively, at Amster- dam aforesaid, or elsewhere as may be fitting; and furthermore |389| in the matter aforesaid all things to do. transact and per-


1 llarmen Thomassen Hun, from Amersfoort.


" See pages 79 8o.


" See Holland Society of New York, Year Book, 1000, p. 147 18, where the name of the attorney is given as lan Knoet of Nuwenton.


4 The Dutch name for the duchy of Jülich. Sittert, or Sittard, formerly belonged to the dutchy of Julich, but is at present included in the province of Limburg, Netherlands. Elsloo is a village on the Maas, a few miles north of Maastricht and about the same distance southwest of Sittard.


255


NOTARIAL PAPERS I AND 2, 1660-1696


form, which may be needful and seem to him proper for the best interests of the subscribers ; promising at all times to hold as just whatever may be done and performed in the matter aforesaid by said their attorneys either jointly or severally, without any gainsay- ing, provided that the attorneys be holden a proper return to make of his or their transactions and receipts when requested. Thus done and delivered in Beverwyck in N: Netherland, in presence of Leendert Phillipse and Jan Harmensz Windorp, neighbors of the subscribers, called as witnesses hereto.


HARMAN THOMASZ This mark X was made by CATARINA BERCK, aforesaid


Leendert Phyles Jan Harmensen Weendorp


D. V. SCHELLUYNE, Not. Pub. 1663


Extension of lease of a house and brewery from Reyndert Pieter- sen and Jacob Hevingh to Jan Harmensen Weendorp


This day, the 4th of October 1663, Reyndert Pietersz and Jacob Hevingh, jointly and in company of the first part, and Jan Har- mensz Windorp,1 of the second part, contracted and agreed with each other in manner following: Jan Harmensz shall until the last day of August 1664, or until such time before that date as he returns to Holland, have the further lease and use of the house which he has occupied since the Ist of June last, together with the brewery, mill and mill house, brewing apparatus, good and bad as they stand, and the horse stable, which stand and lie together in the village of Beverwyck and are known to the lessee; [390] for which from the ist of June last until August aforesaid the lessee shall pay no rent, but remain in possession of the house without being bound to make any repairs thereon ; and as regards the mill and the brewery, which as well as the implements have fallen into decay, he shall repair the same at his own expense and use them for his accommodation and convenience during the aforesaid time. Likewise he shall be holden to rebuild the kiln and to provide a new kiln cloth, the cooler, vat, tubs and other needful


1 He signs his name Weendorp, which may be a Dutch spelling of Wendorf, a village near Wismar, in Mecklenburg-Schwerin. June 8, 1663, Jan Herm- zen Windorp was ordered to pay the burgherright at New Amsterdam before leaving for Fort Orange. Sec "Executive Minutes of the Burgomasters," in Minutes of the Orphanmasters Court of New Amsterdam, 2:175, 177.


256


EARLY RECORDS OF ALBANY


things for his convenience and moreover 30 good hali barrels and at the end of this lease to deliver up the same in good usable condition : provided that the lessors shall then pay to the lessee twelve and a half skipples of good wheat and the lessee on the other hand a half barrel of good beer. Finally for all accidents to the property occurring without the fault of the lessee and his people, he shall be held guiltless and not responsible. For the performance and satisfaction of these the respective parties mutu- ally bind their persons and estates, nothing excepted, subject to the authority of all courts and judges. Done in Beverwyck, dated as above in the presence of the undersigned witnesses.


This mark R P was made by REYx- DIRT PIETERSZ, aforenamed This mark X was made by JACOB HEVINGH, aforenamed JAN HARMENSEN WHENDORP


Is witnesses: Lambert L'an Neck Jan: Cornelis: : Vander Heyden


D. V. SCHELLUYNE, Not. Pub. 1663


The above written contract was satisfied by Jan Harmensz the Tith of July 100.1.


This mark XI was made by JACOB IHAVINGH


Bond of John Willett to Philip Pietersen Schuyler


|391] On this day, the 20th of October 1063. appeared before me, Dirck van Schelluyne, notary public, and before the after- named witnesses, Mr John Willet, free trader dwelling formerly in New England, at present here at Fort Orange, and acknowledged that he was well and truly indebted to AMi Phillip Pietersz Schuyler in the sum or quantity of two hundred and ninety-eight good Peruvian or Mexican pieces of eight reckoned at forty eight stivers a piece in good Holland value, or such specie as is current there, but he guarantees that each of said pieces shall count hity stivers in Holland; growing out of the matter of good beavers of like value as above, to his content received before the execution hereof; which aforesaid two hundred and ninety eight pieces of eight, the subscriber promises to pay to said Schuyler, or to the


257


NOTARIAL PAPERS 1 AND 2, 1660-1696


lawful bearer hereof, here in Fort Orange, at the latest in the month of May 1664 next coming, punctually and without longer delay ; binding for himself, his heirs and successors, his person and estate, real and personal, nothing excepted, subject to the authority of all courts and judges, for the recovery in case of need of the payment thereof without loss or expense. Thus done and executed in Beverwyck near Fort Orange in N: Netherland, in presence of Mr Jan Dareth and Anthony Jansz, court messenger of the colony of Rensselaerswyck, called as witnesses hereto.


JOHN WILLETT


Jon Dareth Anthony Janss


D. V. SCHELLUYNE, Not. Pub. 1663


Bond of Juriaen Teunissen Tappen to Jan Harmensen Weendorp [392] On this day, the 2d of November 1663, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Jurriaen Theunissz,1 innkeeper here, who acknowledged that he was well and truly indebted to Jan Harmensz Windorp in the sum of seven hundred and thirty-six guilders and five stivers for the purchase and delivery of three hogsheads of brandy, reckoned at forty-four guilders the anker; which said sum of 736 gl. 5 st. the subscriber promises to pay to said Jan Harmensz Windorp, or to the lawful bearer hereof, in good, whole, merchant- able beaver skins reckoned at eight guilders apiece, in the month of June 1664, punctually and without longer delay; therefore bind- ing his person and estate, real and personal, having and to have, nothing excepted, subject to the authority of all courts and judges, for the recovery if need be of the payment thereof without expense or loss.


JUREYAN TUNSEN


Thus done and executed in Beverwyck, in the presence of Jan Clute and Jan Scheckel called as witnesses hereto.


Johannss Clute Jan Scheckel


D. V. SCHELLUYNE, Not. Pub. 1663


1 Juriaen Teunissen Tappen.


9


258


EARLY RECORDS OF ALBANY


Appraisal of a sawmill and appurtenances belonging to Wynant Gerritsen van der Poel and the widow of Abraham Pietersen Vosburgh


[393] This day, the 6th of November 1663, pursuant to order of the honorable court of the colony of Rensselaerswyck, at the request of Wynant Gerritsz, Willem Bout and Pieter Meussz have in the presence of Theunis Spitsenberch inspected, viewed and to the best of their knowledge valued the sawmill and dwelling house belonging to said Wynant and the widow of Abraham Vosburch in partnership, as they at present stand, and find that the mill and dwelling house (being much out of repair) are worth the sum of twelve hundred and fifty guilders in seawan.


List of the tools belonging to them jointly


7 upper clamps o under clamps


o wedges 4 bars of the frame


1 small sledge crosscut saw I hand saw


I saw set I cant hook old saws and one piece 1 arm of a crank


I piece of old iron weighing 2 or 3 1hs.


Which they appraise and consider together to be worth the sum of six guilders and ten stivers in beavers. Done in the colony of Rensselaerswyck, dated as above.


This mark X was made by WILLEM Bour PIETER MEESZ VROOMAN


Teunis Cornelise van de Pol 1


In my presence, D. V. SCHELLUYNE, Not. Pub. 1663


Appraisal of three hogsheads of tobacco by Gerrit van Slichten- horst and Jan Gerritsen van Marcken, arbitrators chosen by Isaack de Haen and Juriaen Teunissen


[394] On this day, the 9th of November 1663, appeared before me, Dirck van Schelluyne, notary public, and before the after-


1 Teunis Cornelissen van der Poel alias Spitsenberch. Sec l'an Rensselae' Bowier Mss, p. 846, and Munsell's Collections. 4:182.


259


NOTARIAL PAPERS I AND 2, 1660-1696


named witnesses, Mr Gerard Slechtenhorst, magistrate of Fort Orange and Beverwyck, and Jan Gerritssz van Mercken, who declare at the request of Mr Isaacq de Haen, trader here, that they were asked yesterday by the requirer [ De Haen] and Jurriaen Theunissz as impartial persons to examine and view three hogs- heads of tobacco sold by De Haen to Jurriaen as good. merchant- able tobacco, which they, the subscribers, having done to the best of their knowledge, find two of the hogsheads to be good and merchantable tobacco and worth what they were sold for; but the third hogshead of tobacco they find and judge not to be worth as much as one-half of either of the other two hogsheads, but they have consented to appraise it at half the value because Jurriaen has opened it and sold some out of it, and in order that the parties might thus settle their dispute ; and they are ready if need be and required to confirm the same on oath. Thus done and executed in Beverwyck in New Netherland in the presence of Mr Gerart Swart, sheriff of the colony of Rensselaerswyck, and Mr Folckert Janssz, called as witnesses hereto.


GERRIT VAN SLICHTENHORST J. G. V. MARCKEN


G: Swartt V'olckart Jansss


Will of Cornelis Segersen van Voorhout and his wife




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