USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 26
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1 Otherwise called Jacques Cornelissen van Styck.
2 This farm comprised the large island in the Mohawk river, west of Schenectady, now called Van Slyck's island; see History of the Schenectady Patent, p. 77 78.
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NOTARIAL PAPERS I AND 2, 1660-1696
manifest neglect of the lessee, the charge shall be borne by the lessee. Furthermore, there shall be delivered to the lessee next spring two milch cows with their calves, if they then be with calf, which cows and [431] expected calves the lessees shall keep for half the increase during the term of the lease, according to the custom of this country. Finally, the lessee promises at the end of the lease to put again into the ground as much and similar seed grain as he now in company with the lessor has put into the ground and is still daily sowing, each party the first as well as the last year to receive the just half of the produce thereof and to bear and pay one-half of the expense, the fruits of the land for the other years remaining for the behoof of the lessee. For the performance and execution hereof the parties mutually bind their persons and estates, nothing excepted, subject to all courts and judges. All in good faith, done in the colony of Rensselaerswyck, dated as above.
This mark + was made by MARITIE MYNDERTSZ, aforenamed ACKES
Arnout Cornelis l'ielen
Jan : Corneliss: vander Heyden
Bill of sale of a scow from Maritie Meynderts to Jan Cornelissen van der Heyden and Poulus Cornelissen
[432] This day. the 22d of May 1664, Maritie Mynderts acknowledged that she had sold and Jan Cornelissz van der Heyden and Poulus Cornelisz in company that they had bought of her a scow with its appurtenances, known to the buyers; for which scow the buyers promise to pay the sum of ten hundred guilders in good seawan in three instalments; the first instalment of two hundred and fifty guilders on the first day of August next ; the second instal- ment of a like sum on the Ist of November following; and the remaining five hundred guilders on the Ist of August 1665. every time punctually; and for the greater security of the payments Arnout Cornelissz Viele for Jan Cornelissz vander Heyde, and Jacob Tyssz vander Heyde for Poulus Cornelissz offer them- selves as sureties for the payment of said purchase money at the stipulated time, therefor binding their respective persons and
.
282 1
EARLY RECORDS OF ALBANY
estates, nothing excepted, subject to all courts and judges. Done in the colony of Rensselaerswyck, dated as above.
This mark + was made by MARITIE MYNDERTS, aforenamed
JAN CORNELISZ VANDER HEYDEN POULUS CORNELISEN ARNOUT CORNELIS VIELEN JACOB THEYSEN VANDER HEYDEN In my presence. D. V. SCHELLUYNE, Not. Pub 166.4
Contract between Jan Cornelissen van der Heyden and Poulus Cornelissen regarding the use of the scow bought by them of Maritie Meynderts
[433] This day, the 22d of May 1664, Jan Cornelissz van der Heyden and Poulus Cornelisz have agreed and contracted together respecting the use of the scow which they jointly bought of Maritie Mynderts, in manner following :
The contracting parties promise without fail together to use their utmost endeavor and diligence in sailing the scow to their mutual advantage and profit, whether by themselves or by some one put in their place.
The expenses of the scow and of the men whom they may put thereon, they shall bear and pay together.
When called upon, they shall honestly settle with each other and make satisfaction for what has been earned with the scow.
Finally, if one of them wishes to sell his share or half interest in the scow, the other shall have the preference over other persons. and this contract shall last at first until the scow is paid for. Furthermore they promise to deal with each other in friendship, one being no more master of the scow than the other.
All in good faith, without fraud or deceit, done in the colony of Rensselaerswyck, dated as above.
JAN CORNELISZ VANDER HEYDEN POULUS CORNELISEN In my presence. D. V. SCHELLUYNE, Not. Pub 166.1
283
NOTARIAL PAPERS I AND 2, 1660-1696
Dissolution of partnership between Jan Hendricksen Bruyn and Cornelis Cornelissen Viele
[434] This day, the last of May 1664, Jan Hendricksz Bruyn and Cornelis Cornelisz Viele acknowledge that in amity and friend- ship they have fully liquidated and settled accounts with each other respecting the trading done by them in company to this date and for which no accounts are outstanding, dissolving therefore their part- nership and annulling the contract made by them without either one having any further claims against the other; but as there are still outstanding debts to be paid to various creditors amounting to the sum of fl. 495-1-8 in beavers and likewise of fl. 134-14-8 in seawan, according to the respective accounts delivered to each other, each undertakes and promises to pay the said respective sums, provided that neither may be dunned or solicited for [what is due by] the other; and for the greater security of payment to said creditors, there have offered themselves as sureties, to wit, on the part of said Jan Hendricksz Bruyn, Cornelis Bogardus and Claes Jansz van Boghoven, and on the part of Cornelis Viele, Jan Dareth and Jacob Thysz van der Heyden; they, the sureties, prom- ising each for his party in case of failure of payment by said partners, to satisfy said creditors. Wherewith the parties have fully settled and squared accounts with each other, as above, all in good faith, without craft or guile, done in Beverwyck in New Netherland, dated as above.
JAN HENDRICK BRUYNS CORNELIS CORNELISZ VIELE CORNELIS BOGARDUS This mark X was made by CLAES JANSZ VAN BOGHOVEN JAN DARETII JACOB THEYSEN VANDER HEYDEN In my presence. D. V. SCHELLUYNE, Not. Pub. 1664
Settlement of the estate of the late Jan Barentsen Wemp [435] This day, the 12th of June 1664, Maritie Mynderts. widow of the late Jan Barentsz Wemp, assisted by Sweer Theunisz van Westbroeck,1 of the first part, and Arnout Cornelisz Veyle,
1 More often called Sweer Teunissen van Velsen. He probably came from Velser-Westbroek, near Haarlem, in the province of North Holland.
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EARLY RECORDS OF ALBANY
as appointed guardian, together with Jan Cornelisz vander Heyde, husband and guardian of Aeltie Janssz Wemp, of the surviving children procreated by her, Maritie Mynderts, and Jan Barentsz Wemp, deceased, namely, Myndert Jansz Wemp aged 15 years, Grietie Janssz Wemp aged 13 years, Anna aged eleven years, and Barent Janssz Wemp aged eight years, of the second part, acknowl- edged that in love and friendship, with the approval of said Vander Ileyde, they had agreed and contracted with each other respecting the settlement of said children's paternal estate and inheritance, the appraisal of which said estate was made in the presence of Messrs Arent van Curlar, commissioner, and Gerard Swart, sheriff, of the colony of Rensselaerswyck, in the manner following :
In the first place, she. Maritie Mynderts, promises at her expense and according to the best of her ability to bring up and train said minor children in all godliness until they reach their respec- tive majority or marriage estate, and moreover to have them taught some handicraft or trade by which in time they may honorably carn their living.
Moreover she, Maritie Mynderts, promises to pay to each of the said children respectively when they arrive at marriage estate or their majority the sum of one hundred beavers or the value [436] thereof, as security for which the said Maritie Mynderts binds and mortgages her house and lot standing and lying in Beverwyck which at present is occupied and used by said Vander Heyde and Aeltie Jansz, together with the half of two islands at Schanechtede, as also a house and lot standing upon the land called Lubberde Land in said colony ; also a house and lot on the cast 1 side in Fort Orange, at present occupied by Evert Hendricxsz, soldier, and furthermore her person and estate, nothing excepted, subject to the jurisdiction of all courts and judges.
And as the said Aeltie Jans at her marriage received the value of forty-five beavers, that shall be taken into account at the pay- ment of her paternal inheritance.
On the other hand said widow shall remain in full possession of the estate, all debts and credits to be to her loss and profit, without right on her part to trouble or make any demands upon the children on that account.
Ilerewith the contracting parties declare that in love and [437] friendship they have agreed and settled with each other in the matter aforesaid, making no further claim one upon the other and
1 Apparently a mistake for the west side of the Hudson river.
28;
NOTARIAL PAPERS I AND 2, 1660-1696
promising nevermore to do nor cause to be done anything contrary hereto, for which they bind themselves as by law provided. Done in the colony of Rensselaerswyck, dated as above.
This mark + was made by MAERTJEN MEYNDERS SWEER THIOONUSSEN VAN WESTBROECK ARNOUT CORNELISZ VIELEN
A: van Curler
G: Swartt
Marriage contract between Maritie Meynderts, widow of Jan
Barentsen Wemp, and Sweer Teunissen van Westbroeck
This day, the 12th of June 1664, Marritie Mynderts, widow of the late Jan Barentsz Wemp, and Sweer Thonesz van Westbroeck (intending to unite in matrimony), have agreed and determined upon the following conditions :
In the first place, the above-named children, besides what they are to receive for their paternal inheritance according to the above- written contract, shall after the death of their [438] mother, Maritie Mynders, also inherit and receive two hundred beavers out of the first and most readily available effects left by her.
Secondly, all other property which they may acquire together shall be enjoyed and divided by them both and their heirs.
Finally, the debts which they may have outstanding shall be borne and paid, each his own, without either being dunned or solicited for those of the other. Which said antenuptial articles they, the contracting parties, promise faithfully to perform and execute. All in good faith, done in Rensselaerswyck in New Neth- erland, dated as above.
This mark + was made by MAERYTJE MEYNDERS with her own hand SWEER THIOONUSSEN VAN WESTBROECK
A: van Curler G: Swartt
Lease of farm no. 5 at Schenectady from Willem Teller to Claes
Fredericksen van Petten and Isaack Cornelissen Swits
[439] This day, the 16th of June 1664, Mr Willem Tailler acknowledged that he had let and Claes Fredricxsz van Petten and
286
EARLY RECORDS OF ALBANY
Isaack Cornelissz 1 that they had jointly hired of him a certain farm of the lessor, lying at Schanechtede, consisting of dwelling house, barn, rick and arable land in two parcels, numbered respec- tively no. 5 at the survey by the surveyor, known to the lessees, and that for the term of six consecutive years beginning on the date hereof, on the following conditions :
The lessor delivers now to the lessees for use on the farm six draft horses, namely, three geldings and three mares, with a one- year old stallion colt and another of this year, five milch cows, two heifers and two bull calves of this year, one heifer in her third year, two sows with five pigs four months old and a hog one year old; which said horses and cattle, the lessees during this lease shall have for the use of the farm for half the increase, the risk accord- ing to the usage in the colony of Rensselaerswyck, and the increase to be divided every three years, but with respect to said hogs, the lessees are to be holden to deliver for the first time in the autumn of the year 1605 a hog fit for slaughter, and so on every year during the lease, and at the end of the lease to deliver over again to the owner the same number of hogs and of the same age as at present.
| 440 | The lessor has also delivered to the lessees two plows with their appurtenances and a wagon, while another wagon shall be delivered next harvest time: also a pot, kettles, churn, milk tubs, two sleds, three Flemish scythes with two scythe blades, and a grain winnow.
Moreover the land is now sown with twenty-two skipples of winter wheat, four skipples of summer wheat, three skipples of white peas, three skipples of buckwheat, and also forty-nine skip- ples of oats, which said quantity of sowed grain the lessees promise to leave sowed upon said land at the end of the lease, for the behoof of the lessor, and also said delivered agricultural implements with house, barn, rick and garden in fence to deliver over again at the end of this lease in good condition. The lessees may at their expense build another rick upon the farm which at the end of the lease shall be taken over by the lessor at an appraisal by impartial persons in discount of the promised rent. For the hire and use of which said farm they, the lessees, in accordance with the above- written conditions, promise jointly and severally, not pro rata but in solido, as principal, to pay every year four hundred guilders in wheat reckoned at ten guilders the mudde, to be delivered here in Beverwyck free, besides forty pounds of butter in 1665 as
1 Jaack Cornelissen Swits, son of Cornelis Claessen Swits, of Manhattan.
287
NOTARIAL PAPERS I AND 2, 1660-1696
additional rent (tocpacht ) and every year the like quantity; like- wise every year three days' [441] work drawing wood ; and in case of war, or an incursion of enemies (which God forbid), the lessees shall have none of the burden thereof to bear; but all the expenses chargeable upon the village and land, for so far as the share of the aforenamed farm during this lease is concerned, shall be borne by the lessees. For the performance and execution of what is above- written, the respective parties hereto mutually bind their persons and estates, nothing excepted, subject to all courts and judges. All in good faith, done in Beverwyck in N. Netherland, dated as above.
WILLEM TELLER CLAES FREDERICKSZ VAN PETTEN This mark + was made by ISAACQ CORNELISZ, aforenamed
As witnesses Lourus van Alen Gerit Janss Herttenberch
In my presence, D. V. SCHELLUYNE, Not. Pub. 1664
Indenture of apprenticeship of Cornelis van Schelluyne to Hen- drick Bries, master shoemaker
[442] This day, the 17th of June 1664, Dirck van Schelluyne has bound his son Cornelis van Schelluyne to Mr Hendrick Bries, who agrees to teach him according to his ability the shoemaker's trade and what appertains thereto, for the space of two years, beginning on the date hereof, but in case of disability on either side, each party shall be free, Cornelis van Schelluyne to earn nothing during the aforesaid two years. All in good faith, done in the colony of Rensselaerswyck in N : Netherland, dated as above.
D. V. SCHELLUYNE, 1664 HENDRICK BRIES
Power of attorney from Thys Evertsen de Goyer to his brother Evert Evertsen de Goyer
[443] This day, the 17th of June 1664, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Thys Evertssz de Goyer, planter in said colony [of Rens-
288
EARLY RECORDS OF ALBANY
selaerswyck], and declared that in consequence of advices from his brother, Evert Evertssz de Goyer, master carpenter at Amster- dam in Holland, of date the 23d September 1663, he constituted and appointed his said brother, Evert Evertssz de Goyer, his special attorney to demand, collect and receive at Naerden1 in Holland what his mother, Grietie Janssz, deceased, widow of the late Evert Tyssz, deceased at Naerden aforesaid, has left him, the appearer, for his portion according to the advices of his said brother, being the sum of one hundred and eighty guilders; therefore, an acquittance for the receipt and a release against further demands to execute and furthermore all things to do, transact and perform, which may be needful and which may seem to him proper, promising at all times to hold valid whatever may be done and performed in the matter aforesaid by his said brother, as attorney, without any opposition ; provided that the attorney be held of said transactions and receipts a proper return to make when required. Thus done and executed in the colony of Rensselaerswyck in N. Netherland, in presence of Eldert Gerbertssz Cruyff van Hilversum 2 and Jan Evertsz, master shoemaker, called as witnesses hereto.
THYS EEVERTSEN 3
Ellert Gerbertss Cruif This mark X was made by Jan
Evertss, aforesaid
Order of Jeremias van Rensselaer on Jan Baptist van Rensselaer to pay Jan Jurriaensen
1444] Brother Jan Baptist van Rensselaer. Please pay to the bearer hereof, Jan Jurriaensz, or his order, the sum of two hundred and seventy-nine guilders and five stivers, to be charged to my private account, three months after sight, or so soon as the money for the wheat which goes over herewith for my account shall be received. [In so doing] you will confer a favor.
Was signed : JEREMIAS VAN RENSSELAER
July 10, 1664. in the colony of Rensselaerswyck
1 Naerden or Naarden, is a city in the Gooi, or Gooiland, in the province of North Holland; hence the designation de Goyer (the Gooilander) in connection with the two brothers. Cf. reference to Kleyn de Goyer, in Earty Records of Albany, 1:75, where the name has been erroneously inter- preted as " the thrower."
2 Ililversum is a village in Gooiland, in the province of North Holland. 3 Cf. power of attorney from Trys Evertsen to Jacob Schermerhoorn, July 3/13, 1668, in Early Records of Atbany, 1:409, in which this power of attorney to Evert Evertsen is mentioned.
289
NOTARIAL PAPERS I AND 2, 1660-1696
After collation with its original, dated and signed as above, this copy is found to agree therewith. In the colony of Rensselaers- wyck, July 10, 1664.
By me, D. V. SCHELLUYNE, Not. Pub. 1664
Power of attorney from Jan Harmensen Weendorp to Jan Coster van Aecken
[445] On this day, the 19th of July 1664, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Jan Harmenssz Wintdorp, trader here, proposing to depart for Holland, and declared that by these presents he consti- tuted and appointed Jan Coster van Aecken, also trader here, his special attorney in his, the appearer's, absence to demand, collect and receive of divers persons, his debtors, payment as well in beavers as other wares of what they owe him, according to obliga- tions, accounts and vouchers herewith placed in the hands of the attorney ; therefore, acquittance for receipts to give ; the unwilling debtors to constrain to pay by legal process and rigor of justice; to this end all terms of the courts to observe unto judgment and extreme execution of the same; the attorney finding himself aggrieved by sentence or sentences, to take exception thereto and to appeal therefrom and said exception and appeal also to prosecute to the end; with power also to compromise, agree, compound and contract ; and one or more persons in his place to substitute; and furthermore all things to do, transact and perform in this matter, either in or out of court, which [446] may be needful and may seem to him proper, as he, the principal, if present might or could do ; promising at all times to hold valid whatever may be done and performed by said attorney and his substitute in the matter afore- said by virtue hereof, without any opposition, binding himself thereto as by law provided, on condition that the attorney be holden a proper return to make of his said transactions and receipts when asked and requested. Thus done and executed in Beverwyck in
IO
200
EARLY RECORDS OF ALBANY
N. Netherland, in presence of Harmen Thomasz van Amersfort and Helmert Otten van Isens,1 called as witnesses thereto.
JAN HARMESEN VAN WEENDORP
Harman Thomass van Almerfort
Helmerick Otten
D. V. SCHELLUYNE, Not. Pub. 166.1
Power of attorney from Gerrit Slichtenhorst to Adriaen Appel
[447] This day, the 21st of July 1664, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed wit . nesses, Mr Gerrit Slichtenhorst, trader here, who declared that by these presents he constituted and appointed Mr Adriaen Appel, dwelling at Amsterdam in X: Netherland, his special attorney to receive from the hands of the secretary, Mr Johannes Nevuis, a certain obligation, or the engrossed copy thereof, executed in or about the month of October 1663 by Nicolaes Boot, for the delivery of 2500 pantiles by him received to his content ; further- more, as the said Nicolaes Boot is expected at the Manhatans from Virginia, the payment thereof from him to demand, collect and receive ; acquittance for the receipt to execute, and in case of refusal to proceed by attachment against his person and estate and furthermore him to constrain to pay by way and means of justice ; to this end all the terms of the courts to observe unto judgment and extreme execution thereof ; with power also to com- promise, arrange and agree; and furthermore all things to do, transact and perform, which may be needful and 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, [448] binding himself thereto as by law provided, on condition that the attorney be held, when requested, to make a proper return of his said transactions and receipts. Thus done and executed in Beverwyck in N: Netherland, in presence of Cornelis Bogardus and Jacob Loockermans, called as witnesses hereto.
GERRIT SLICHTEN HORST
Jacob Lokermans Cornelis Bogardus
D. V. SCHELLUYNE, Not. Pub. 1664
1 Probably intended for Esens, in Harlingerland, in East Friesland, province of Hanover, Germany.
291
NOTARIAL PAPERS I AND 2, 1660-1696
Bond of Philip Pietersen Schuyler to Jan Harmensen Weendorp
[449] This day, the 22d of July 1664, Phillip Pietersz Schuyler, trader here, acknowledges that he is well and truly indebted to Jan Hermssz Wintdorp in the sum of ninety-one beavers for seawan by him, Schuyler, to his content received; which said ninety-one beavers he, Schuyler, promises to pay to him, Jan Hermsz, or his order, next month of June Aº. 1665, punctually, in good current payment, the beaver reckoned at eight guilders, binding therefor his person and property, nothing excepted, subject to the jurisdiction of all courts and judges. Done in Beverwyck in N : Netherland, dated as above.
PHILIP PIETERSZ SCHUYLER
In my presence, D. V. SCHELLUYNE, Not. Pub. 1664
Bond of Gerrit Slichtenhorst to Jan Harmensen Weendorp [450] This day, the 22d of July 1664, Gerrit Slichtenhorst, trader here, acknowledges that he is well and truly indebted to Jan Hermssz Wintdorp in the sum of three hundred and eighty-six guilders for goods to his content received; which said sum of fl. 386 he, Slichtenhorst, promises to pay in the month of September next, punctually, in good, merchantable beavers reckoned at eight guilders apiece, therefor binding his person and estate, nothing excepted, subject to all courts and judges.
Done in Beverwyck, dated as above.
GERRIT SLICHTENHORST
In my presence, D. V. SCHELLUYNE, Not. Pub. 1664
Power of attorney from Jan Bastiaensen van Gutsenhoven to Oloff Stevensen van Cortlant
[451] This day, the 23d of July 1664, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Mr Jan Bastiaensz van Gutsenhoven, trader here, and declared that by these presents he constituted and appointed Mr Oloff Stevenssz Cortlant his special attorney to demand, collect and receive from divers persons, his, the appearer's, debtors, pay-
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EARLY RECORDS OF ALBANY
ment of what they owe him, according to obligations, accounts and vouchers placed in the attorney's hands ; as such, acquittance for receipts to give ; the unwilling debtors to constrain to pay by way and means of justice; to this end all the terms of the courts to observe unto judgment and extreme execution thereof ; with power if need be to proceed by attachment against person and property for the recovery of said sum without loss and expense; and fur- thermore all things to do, perform and transact, which may be needful and which may seem to him proper; promising at all times to hold valid whatever in the matter aforesaid may be done and performed by said attorney, without any opposition, binding [ 452] himself thereto as by law provided, on condition 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 New Netherland, in presence of Mr Phillip Pietersz Schuyler and Herman Vedder, fellow traders here, called as witnesses hereto.
JAN BASTIAENSE
Philip Picterss Schuyler Harman Hedderen
D. V. SCHELLUYNE, Not. Pub. 166.1
Lease of a house in Beverwyck from Sweer Theunissen to Jan Cornelissen van der Heyden
[453] This day, the 7th of August 1664, Sweer Theunissz1 has let and Jan Cornelissz van der leyden of him has hired the les- sor's house, lot and garden as shown and known to the lessee, standing and lying in the village of Beverwyck; which house, lot and garden the lessor promises to deliver in proper repair, window, roof, floor and fence tight, from now to the first day of May 1600: for which the lessee promises to pay a hundred and fifty guilders in seawan, to wit, fifty guilders next May 1655 | 1665]. and the remaining hundred guilders at the end of the lease: the lessee remaining holden at the end of the lease again to deliver up said house, lot and garden in good repair, accidents from without excepted; binding thereto their respective persons and estates, nothing excepted, subject to the authority of all courts and judges.
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