USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 28
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Jan Machielssz, 12 beaver. . 4 ..
Anthony Jansz, per obligation in seawan gl. 430.
Marcelis Jansz, per account, in seawan gl. 300
Pieter Meusz, 312 beavers. 28
Willem Brouwer. 21/2 beavers 20
Gerrit van Rys
[473] Mr Arent van Curlar: Please pay for me, Bartholomeus Hoogeboom, to Gerrit Hendricxsz van Reys, or his order, the quan- tity of eight mudden of wheat, which shall serve as a payment to me or be credited to your account with thanks. Kindly do me this favor. Done in the colony of Rensselaerswyck. the 13th of October 1664. I say eight mudden or thirty-two skipples of wheat. 23
BATHOLOMEUS HOOGEBOOM I, the undersigned, accept the above order. Done as above.
A: VAN CURLER
Power of attorney from Pieter Symonsen van Oostsanen to Jacob Schermerhoorn
[474] This day, the 15th of October 1664, Pieter Symonssz van 25 Osaenen, trader here, declared that he hereby constituted and appointed Jacob Schermerhoorn, who accepts this power, his special attorney to demand, collect and receive from diverse persons, his debtors, what they owe the subscriber, according to obligations,
1 Pieter Adriaensen van Woggelum.
2 Barent Albertsen Bratt.
3 Jan van Eps, one of the persons killed in the massache at Schenectady of 1690. The servant referred to may be Paulus Jansen, who in 1669 received a patent for 11/2 morgens of land at Schenectady.
4 Pieter Jacobson Borsboom, the brick maker.
306
EARLY RECORDS OF ALBANY
accounts and vouchers placed in the hands of the attorney; as such for receipts acquittance to give; the unwilling debtors as well in Albany as in the colony of Rensselaerswyck and elsewhere dwell- ing by way and means of justice to constrain to pay; to which end all legal steps to observe unto judgment and extreme execution thereof ; and furthermore all things to do, transact and perform which may be needful and which may seem to him proper ; prom- ising at all times to hold valid whatever shall be done and performed in the matter aforesaid by said attorney, without any opposition, provided the attorney shall be holden a proper return to make of his said transactions and receipts when required.
Done in Albany dated as above.
PIETER SYMONZ VAN OOZTSAEN JACOB JANSEN SCHERMERHOOREN In my presence, D. V. SCHELLUYNE, Secretary of the colony of R: wyck 166.1
Lease of lot no. 3 in the new village at the Esopus from Goossen Gerritsen van Schaick to Pieter Hillebrantsen and Harmen Lievens
[475] On this day the 2th of November 1664, Goossen Ger- 17 ritssz van Schaeick acknowledged that he had let and Pieter IIel- brantssz 1 and Hermen Libes,2 husbandmen in the Eospus, that they had hired of him the lessor's lot of land no. 3. lying in the newly laid out village 3 in the Esopus, to the lessees known, for the term of six consecutive years commencing on the ist of May 1665, on the following conditions :
The lessees shall be hollen at their expense to inclose or fence in the half of the lot of the lessor where the hamlet is to be, which half lot the lessor keeps for his accommodation. They are also at their expense to build a proper dwelling house, barn and rick, which with the other structures (at the option of the lessor at the time) shall be taken over by the lessor at the end of the lease at a valuation by impartial persons called for that purpose.
1 Pieter Hillebrantsen.
" Harmen Lievens. The name is added in the margin and throughom the document the personal pronoun " his " is changed to " their."
3 Referring to the settlement which afterwards became known as Hurley.
307
NOTARIAL PAPERS I AND 2, 1660-1696
The lessor promises to deliver to the lessees at the beginning of the lease four draft horses (to be agreed upon by the parties at the delivery ) ; also four cows, the increase of which at the end of six years shall be divided and a half thereof be received by each ; but in addition the full number of said cattle must then be delivered up again to the lessor: [476] the lessees have already received a wagon and plow and their belongings and the harness for four horses, which at the end of the lease shall be delivered up again in good condition ; the lessor shall also deliver the iron teeth for a harrow and a plowshare and colter on the above conditions.
The lessees receive the land fallow and shall deliver up the same in the same condition at the end of the lease, remaining holden to send back the horses and cattle then, but the lessor may utse said horses to put the land in seed in the autumn preceding the termination of the lease. ' For the rent and use of which said allotment of land and lot the lessee shall pay nothing the first year ; the second year two hundred guilders in wheat at beaver's price ; the third year three hundred guilders in wheat; and the following three years four hundred guilders a year, also in wheat or other grain at beaver's price as before, to be delivered each year at the expense of the lessee at the Ronduyt or at the kill there.
All charges and expenses which may fall upon said village dur- ing this lease, assessable on said parcel of leased land, shall be a charge upon the lessees.
For the execution and performance of these presents the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to the authority of all courts and judges. Done in Albany, dated as above.
GOOSEN GERRETSEN This mark X was made by PIETER HELBRANTSZ, aforenamed HARMEN LIEVENS
Jacob Schermerhooren Gerrit Reyersen
D. V. SCHELLUYNE, Secretary
Indenture of service of Symon Claessen Turck to Jacob Jansen Flodder
[477] This day, the 4 December 24 November 1664, Jacob Janssz Flodder acknowledged that he had hired Symon Claesz Turck, who also acknowledged that he had bound himself to serve said Flodder
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EARLY RECORDS OF ALBANY
in all faithfulness and diligence, especially in building and what- ever else he may be able to do, except farming and the cutting of logs to be sawn in the sawmill, but including the sawing itself, 28 November for the term of one year commencing on Monday 8 December next; in consideration of which service the said Flodder, besides reasonable board and lodging, promises to pay to him, Turck, the quantity of seventy-five beavers reckoned at eight guilders apiece, or else seawan reckoned at twenty guilders the beaver. or other wares and merchandise at beavers' price at the choice of said Flodder; and in case said Symon Turck becomes wilfully negligent in said service, so much shall be deducted and retained from his stipulated wages (computed or estimated according to what each day amounts to ) as the lost days may come to. For the perform- ance and execution of what is hereinbefore written the parties on both sides, each as far as he is concerned, bind their respective persons and estates, nothing excepted, subject to all courts and judges. Done in the colony of Rensselaerswyck, dated as above.
JACOB JANSE FLODDER SYMEN CLASEN TURCK In my presence, D. V. SCHELLUYNE, Secretary 1664
Agreement between Jurriaen Jansen Groenwout and Petrus Bogardus regarding the settlement of the estate of the late Maritie Thomas Mingael
[484|1 Appeared before me, Adriaen van Il|pendam]. notary public ( appointed by the [honorable] magistrates of Albany, colony of Rensselaerswyck and Schanechtade, with the approval of the Right Honorable Francoys Lovelace, on the part of His Royal Highness James, duke of York, governor general of all his terri- tories in America ), and before the afternamed witnesses, Jurriaen Jansz Groenewout, widower of the late Maritie Thomas Mingael. of the first part, and Petrus Bogardus, husband of the daughter of said Maritie Thomas, named Weyntie Cornelis ( which daughter Maritie Thomas had procreated by her former husband, Cornelis
1 Pages 478-81 are missing ; page 482 contains a declaration of Cornelis van Nes and Jan Jansen Oothout which is printed in its proper place after the settlement of Cornelis Hendricksen van Nes and his wife on page 278 of this volume, and page 483 is blank. With the exception of an occasional leaf sluch has been bound in the wrong place, the remainder of the volume con sists of notarial minutes of Adriaen Jansen van Hpendam.
309
NOTARIAL PAPERS I AND 2, 1660-1696
Theunisz Bosch 1), of the second part, and in love and friendship contracted and agreed with each other in manner following, viz: Jurriaen Jansz Groenwout acknowledges that he has accepted and received, as by these presents he does accept and receive, the whole estate of said Maeritie Thomas, as well personal as real, nothing excepted, together with all the debts and claims which have been presented against said estate up to this date, but if (contrary to hope ) any other debts shall be presented against the estate after this date, Jurriaen Jansz and Petrus Bogardus shall be holden to pay the same together. Therefore, Jurriaen Jansz releases said Petrus Bogardus from all the debts on condition as above and promises to pay the same, binding thereto his person and [ 485] estate, personal and real, present and to come, subject to the authority of all courts and judges; and moreover Jurriaen Jansz promises within the time of three days to deliver to said Petrus Bogardus all the clothing of his aforenamed deceased wife except a colored silk skirt trimmed at the bottom with four rows of gold braid, which he keeps for himself.
Pieter Bogardus acknowledges that on the beforementioned con- ditions he hereby wholly renounces and relinquishes the aforesaid estate and conveys the same to said Jurriaen Janse absolutely.
The above-written conditions said Jurriaen Jansz and Petrus Bogardus promise wholly to observe without any opposition or complaint, binding thereto their respective persons and estates, nothing excepted, and in confirmation thereof they have with their own hands subscribed these in presence of Mr Jan Verbeeck, Mr Ryckert van Renselaer, Stoffel Jansz Abeel and Jan Heyndricksz Bruyn, as witnesses hereto, without craft or guile, in Albany this sixteenth day of August one thousand six hundred and sixty- nine.
This is the mark X of JURRIAEN JANSZ GROENWOUT, made by him- self PIETER BOGARDUS WYNTIE CORNELIS BOS
Jan Verbeeck R. v. Rensselaer Stoffel Jan A[b]eel Jan Henderck Bruyns
Quod attestor ADRIAEN VAN ILPENDAM, Notary Public
1 The same as Cornelis Teunissen Bos. or van Westbroeck; see l'an Rensselaer Bowier Mss, p. 181. 814: Early Records of Albany, 1:408.
310
EARLY RECORDS OF ALBANY
Auction sale of the brewhouse, brew kettle and vat of Cornelis Cornelissen van Voorhout
[487]] Conditions and terms whereupon the sheriff, by way of execution, by virtue of a judgment of the 31st of January 1664 rendered by the honorable court of the colony of Rensselaerswyck in favor of Jan Labatie against Cornelis Cornelisz van Voorhout for the sum of 0. 425 in beavers or beavers' value (less payments ), proposes to sell at public sale to the highest bidder a brewhouse, in length and breadth as it stands on the farm of the said Voor- hout, together with a brew kettle, holding five quarter casks or 14 tuns, and a brew vat, everything as since the advertisement of the sale it has been open to public inspection and he, Voorhout, has pointed it out to the sheriff for the recovery of the balance due according to the notices served thereof.
The buyer or bidder shall at his own expense have the said brewhouse taken down and removed to whatever place he pleases.
The aforesaid brew kettle and vat the buyer may take possession of at once, the same to be delivered to him free and unincumbered, without any lien, claim or demand thereon.
The payment must be made in beavers or beavers' value, all at once, on the first of June next, punctually.
The buyer shall be holden to furnish two sufficient sureties, who shall be jointly and severally bound in solido a . principals for the payment of the purchase money and to [486] that end renounce and waive the exception ordinis, divisionis et excussionis, that is to say, the sureties shall not avail themselves of the plea that all remedies against the principal must first be exhausted or that each need pay no more than his share, but each whether buyer or surety, shall be responsible for the whole and his property liable to summary execution for the same.
If the buyer can furnish no such sureties as above stated, the property is to be offered for sale and sold again at his charge and expense ; if it brings less, he must make up the difference ; if more, he is to reap no profit therefrom.
The auction fees to be paid as above become a charge upon the buyer.
After running the bids first up and then down, the brewhouse alone was struck off to Henderick Gerritsz, the highest bidder
1 This document is in the handwriting of Dirck van Schellyne and belongs apparently to a now missing portion of the record kept by him. Besides being bound out of chronologie order the leaf is turned over, the verso preceding the recto.
311
NOTARIAL PAPERS I AND 2, 1660-1696
and purchaser, for the sum of two hundred and two guilders, according to the above-written conditions.
On the above-written conditions Jacob Joosten remained the highest bidder and purchaser of the brew kettle and vat for the sum of seventy-eight guilders, for which Stoffel Janssen and Jan Labatie become sureties, this 7 February 25 March Aº. 1667,1 in Albany.
JACOP JOOSTEN JAN LABATIE STOFFEL JANSZ ABEEL
[In the margin are written the following memoranda : ] Henderick Gerritsz fl. 32 :-
Bids for the kettle and vat: Labatie fl. 48 :- Abr. Staets fl. 50 :- Dan1. Rinckhout fl. 60 :- Jan Labatie fl. 70 :- Jacob Joosten remained the highest bidder for the kettle and vat for the sum of fl. 78. The tavern expenses at this sale at Anthony Jansen's amounted to the sum of fl. 19:6 :-
Contract of sale of part of a lot from Storm van der Zee to Cor- nelis van Dyck
[488] This day, the 18th of February 1677, appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany), and before the hereinafter named witnesses, Storm van der Zee, of the first part, and Surgeon Cornelis van Dyck, of the second part, who hereby acknowledge that in all love and friendship they have agreed and contracted in manner following, to wit :
Storm van der Zee acknowledges that he has sold and Surgeon Cornelis van Dyck that he has bought a certain part of the said seller's lot lying here in New Albany between the lot of the buyer and that of the seller, in breadth twenty-four feet Rhineland meas- ure and in length southward from the kill 2 to within seven or nine feet of the fence of the seller, as far as the right of Harmen Rut- gers extends in length, which said Harmen Rutgers also bought of the said seller; and the seller now delivers the said lot to the buyer. For which the buyer promises to pay the seller the sum of fourteen good, whole beaver skins, or the value thereof in good strung seawan, or good winter wheat, as the market shall then be, the same to be paid within the space of one year from this
1 Apparently a mistake for Ao. 1667.
2 The Rutten kill.
7 March
312
EARLY RECORDS OF ALBANY
(late, and so soon as the payment shall be made the seller promises to deliver to the buyer a good, valid, binding deed of conveyance, saving and excepting the lord's rights. For the performance of these, said contracting parties bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have subscribed these with their own hands in New Albany, dated the 18th of February 1673.
STORM VAN DER ZEE CORNELIS VAN DYCK
As witnesses : Johannes Provoost Hans Dreper
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Power of attorney from Reynier Pietersen to Walran du Mont
[489 blank ; 490] Appeared before me. Willem Bogardus, notary public, appointed by the Right Honorable François Lovelace, on behalf of his Royal Highness James, Duke of York, deputed gov- ernor general in all his territories in America, and before the after- named witnesses, Reyntje Pietersen, who declared that he had con- stituted and appointed, as he does by these presents, Mr Walran du Mon[t], inhabitant of the village of Wiltwyck in the Esopus, his special attorney in his name and behalf during his absence to represent the principal's person ; to look after and take care of all his trading, business and affairs, whatever they now are or here- after may be; also to demand, collect and receive all his, the principal's outstanding debts, claims and credits that are duly owing to him from divers persons residing in said village and else- where according to present or future vouchers; for receipts acquit- tance to give and if needful to release from future demands; also in case of refusal of payment or delay against the delinquent debtors to proceed and to prosecute them before the courts and competent benches of justice ; all legal steps to observe until final termination of the matter and royal execution inclusive : [491] with power also one or more persons to substitute in his place and furthermore all things to do herein which the principal him- self being present might or could do; promising to hold and to cause to be held valid whatever shall be done in the matter by the attorney or his substitute, [ the principal] binding himself thereto
313
NOTARIAL PAPERS I AND 2, 1660-1696
as by law provided, on condition that the attorney under like obligation be holden a proper return and accounting to make of his payments and receipts. In good faith subscribed in N. York on the 23d of October 1668.
This is R P the mark of REYNTJE PIETERS, made by himself
Signed in our presence : Symon Romeyn Tammes Daues 1
Acknowledged before me, W. BOGARDUS, Not. Pub.
The grain to be received in virtue of the above power of attorney please send to Mr Cornelis Steenwyck.2
Lease of a house at Schenectady from Bent Bagge to Jan Rinck- hout
[494]3 Appeared before me, Adriaen van Ilpendam, appointed notary public by the honorable magistrates of Albany, Renselaers- wyck and Schanechta [de] with the approval of the Right Honor- able Francoys Lovelace on behalf of his Royal Highness James, Duke of York, governor general over all his territories in America, and before the afternamed witnesses, Bent Bagghe, of the first part, and Jan Rinckhout, of the second part, and have agreed and contracted in manner following, to wit: Bent Baggh [e] ack- nowledges that he has leased and Jan Rinckhout that he has hired a certain house and barn and all the land that the lessor has sown on the south side of the house at Schanechtade, at present sown with eight skipples of oats and a half skipple of maize, for the time of one year beginning from this date; and the lessor likewise leaves there a cow and calf and eight hogs, old and young, of the increase from which cow and hogs the lessor and lessee shall each receive the half, and at the end of this lease the lessor [lessee] is holden to deliver up again the same quantity of land sown with similar seed and to return the cow or value thereof, [495] and said eight hogs (or so much as they are now
1 Probably intended for Tamme Douwes, a Frisian name.
2 As shown by its execution at New York, the above power of attorney does not belong to the Albany records. It is written on a double sheet of paper which shows signs of wear through the center, as if for a long time it had been kept in a folded condition. The second leaf, which constitutes pages 402 and 493, is blank.
3 In the margin is written with a later hand: "Transports by Elpendam beginning 12th July 1669 ending 15 Sepr 1676."
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EARLY RECORDS OF ALBANY
worth on appraisal) to the owner with half of the increase of the same, and the calf, all at the risk of the owner; for which the lessee promises to pay (at the end of this lease ) nine good, whole, merchantable beaver skins.
The contracting parties mutually promise to perform what is hereinbefore written and bind thereto their respective persons and estates, nothing excepted, under submission as provided by law, and in confirmation hereof they have with Aernout Cornelisz Vyle and Claes Tysz as witnesses subscribed these with their own hands in Albany, this 12th of July 1669.
This is the mark + of BENT BAGGE, set by himself JAN RYGHAUT
As witnesses : Arnout Cor: Viele Claes Thyssen
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Deposition of Jacob Thyssen van der Heyden
[498]1 This day, the 22d day of June 1670, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the hereinafter named witnesses, Jacob Tysz van der Hey- den, aged about 53 years (being a burgher and citizen of this afore- said place of Albany), who acknowledged, attested, declared and affirmed, as he hereby does attest, declare and affirm at the request of Jan Cornelisz Roodt, that it is true and truthful that next harvest time it will be about six years ago that he bought a hog with white bristles of Ellert Gerbertsz Cruyff for the sum of two whole beavers, to be charged to the account of the said Jan Cor- nelisz, and that this is the honest truth, being ready (when requested ) to confirm the same by a solemn oath, and in presence of llarmen Bastiaensz and Jacob van Laer, as witnesses hereto, he has signed this with his own hand (without fraud or deceit) in Albany, dated as above.
JACOB THYSEN VANDER HEYDEN
Harmen Bastians Jacob Gerretss van Laer
Quod attestor ADRIAEN VAN ILPENDAM, Notary Public
1 Page 49 contains a bond of August 17, 1000, which is printed in its proper chronologie place at the beginning of the volume. Page 407 is blank.
315
NOTARIAL PAPERS ! AND 2, 1660-1696
Deposition of certain Catskill Indians as to what took place at the house of Jan Hendricksen Bruyn
[499 blank : 500] Appeared before me, Adriaen van Ilpendam. notary public residing in New Albany, two Katskill Indians and a squaw, who on this 23d day of June 1670 said that last Sunday evening they came to the house of Jan Heyndricksz Bruyn and that said Jan Heyndricksz said to them at the time that they must go out again and come there again in the morning, which they did and went to the shore and there slept that night under some boards set up against a fence, and in the morning early at daybreak enter- ing through the gate again, came to the old house of Jan Hen- drickse and said to the negro that they were hungry and wanted to cook, and as Jan Hendrickse had not yet arisen, an Indian laid himself down to sleep, and there also came a Maqua Indian and squaw with a child, which squaw also laid herself down to sleep beside him. All of which has been interpreted as the truth to me, the notary, in presence of the aforesaid Indians, by Joris Chris- toffelsz, who questioned the Indians in regard thereto and who with them has also subscribed this with his own hand, in Albany, this 23d of June 1670.
This mark X was made by an Indian called MAMANICHTACK This mark ++ was made by an Indian called TEFFENICIIKI This mark X was made by an Indian squaw called MEMECHITIEMACH
Joris Christoffels
Quod attestor ADRIAEN VAN IEPENDAM, Notary Public
Depositions of Jan Andriessen Kuyper and Catalyntje Barents regarding abusive language used by Ludovicus Cobes
[501 blank; 502] Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, on this 27th day of June 1670, Jan Andriesz Kuyper, aged about 30 years, and Catalyntie Barents, wife of Paulus Maertensz'van Benthuysen, aged about 32 years, who severally acknowledge that they had attested, declared and affirmed, without the persuasion, inducement or fraud, of any person, but for the sake of justice, as by these presents they do attest, declare and affirm (at the request of Wynant Gerritsz) in manner following, to wit: Jan Andriesz ack-
316
EARLY RECORDS OF ALBANY
nowledges that on the 24th of June in the evening he heard Ludo- vicus Cobes call out aloud in the street : " I shall have the foot hung as the mill is done." Thereupon I, the undersigned Jan Andriesz, went to bed, partly because I was sleepy and because I did not want to listen to another man's abusive language.
Catalyntie Barents testifies that on the date aforesaid, the 24th of June, she heard Ludovicus Coobes call aloud in the street : " You devilish fool, you are lying abed and hear this perfectly well ; come out and clear yourself ; you owe me at least a hundred daelders1 and now you are sponging on some one else." [503] And the wife of Wynant Gerritsz going out and being near the door of Jacob Abramsz, Ludovicus aforenamed came there and said: " You moer Melchers," you big slut with your fat legs," and many other abusive words, " do you want any thing written down, I must be present thereat " ; whereupon said wife of Wynant aforenamed went into the house of Jacob Abramsz Kuyper. In witness of the truth of the foregoing, the aforesaid deponents (cach for himself ) are ready when requested to confirm the same by solemn oath. and without fraud or deceit they have signed this with their own hands in Albany, this 27th of June 1670.
JAN ANDRIES This is the mark U of CATALYNTIE BARENTS, set with her own hand Quod attestor ADRIAEN VAN ILPENDAM, Notary Public
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