USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 31
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TRINGEN IOCHGIMS JAN VERBEECK CORNELIS DYCKMAN Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
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EARLY RECORDS OF ALBANY
Deposition of Teunis Dircksen van Vechten about a reduction in the rent of his farm agreed to by the late Jeremias van Rensse- laer
[557-59 blank; 560] Teunis Dircksz van Vechten, at present lying sick abed, but of sound mind and memory, testifies and declares in the presence of his sons, Gerrit Teunisz, Dirck Teunisz and Cornelis Teunisz, and of Maerten Gerritsz and Meyndert Fredericsz, that it is true and truthful that the late director of the colony of Renselaerswyck, Jeremias van Renselaer, deceased, promised him that for two bad years, as rent for the farm where Gerrit Teunisz now dwells, he, Teunis Dircksz, would not [ have to] pay more than fifty beavers, to wit, for the years 1666 and 1667 ; also that said late director requested him to build the barn ten feet longer and to raise it one foot and he would pay him for it, which Teunis Dircksz did. The foregoing, Teunis Dircksz says, took place in presence of Mr Andries Teller. In confirmation whereof he subscribes this with his own hand in presence of me, the notary, and of his aforesaid children, in Renselaerswyck, this 13th of April 1676, old style.
This is the + mark of TEUNIS DIRCKSZ set with his own hand Which 1 witness, ADRIAEN VAN ILPENDAM, Not. Pub.
As witness :
Jan Thomass
Depositions of Jacobus Gerritsen van Vorst and Pieter Pietersen Winne, junior, about improper conduct between Roeloff Carstensen and Maritie Jacobs
[561 : 562] On this first day of May 1676, appeared before me, Adriaen van Upendam, notary public (residing in New Albany), Jacobus Gerritsz van Vorst, aged about 34 years, and Pieter Pietersz Winne, junior, aged about 33 years, who acknowledge without any dissimulation or misleading of any persons but for the sake of justice that they have testified, as they do testify hereby, each for himself, at the request of Roeloff Carstensz, in manner fol- lowing, to wit: Said Jacobus van Vorst acknowledges that he saw Roeloff Carstensz and Maritie Jacobs in the month of February 1675, as also at diverse times after said month (at the house of Maerten Gerritsz on the island ) go up into the garret together late
34I
NOTARIAL PAPERS I AND 2, 1660-1696
in the evening (after Maerten Gerritsz had been long in bed), and that said Roeloff did not come down again sometimes till daybreak and sometimes till an hour or two before day, and that he, Jacobus van Vorst, in the month of April (but the precise day he does not remember) saw in the moonshine said Roeloff and Maritie lie with each other in the cookhouse on the island and that Roeloff had her by the breasts.
Pieter Pietersz Winne, junior, testifies. as Jacobus van Vorst hereinbefore has testified, except that he did not see what Jacobus van Vorst alleges to have seen in the cookhouse, but that about eight days after Easter of the same year said Pieter saw Maritie go up into the garret in the evening and that shortly after Roeloff followed her there; also that Roeloff early in the morning came down from thence quite flustered and had not had time to put on his clothes properly, as Maerten Gerritsz came up, so that in the excitement he left his hat lying in the house and asked said Pieter. " Will you get my hat? " which said Pieter did. And in the month of May of the same year (the precise day not remembered) said Pieter heard Roeloff and Maritie up in the garret, Maritie saying : " Fie Roeloff, you must not do that ; they might come and peep." And about three weeks before harvest, said Pieter heard Maritie [563] say to Roeloff in the cookhouse : " Well Roeloff, how shall this go? I am pregnant." Whereupon Roeloff answered: "Let us make an end of it." Thereupon she again kept silent, not knowing that he, Pieter, was listening, because he was outside of the cook- house and they did not see him. Furthermore said two deponents generally acknowledge that in the month of November last they were requested by said Roeloff to go with him to said Maritie to bear witness to what he should ask said Maritie and what she might answer thereto. So they heard Roeloff ask her: "Well Maritie, how shall we have it? You are pregnant by me." Whereupon she replied: " What have these other people to do with us? What we do with each other is between God and us." Whereupon Roeloff said: "I have brought them that they might hear what answer you give me." Then said deponents went away and left Roeloff there with Maritie near the house of the parents of said Maritie. As one is bound to testify to the truth (especially being required so to do) these deponents, each for himself respectively,
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EARLY RECORDS OF ALBANY
are ready to confirm the above and have subscribed the same with their own hands in Albany, dated as aforesaid.
This is the ++ mark of JACOBUS GER- RITSZ VAN VORST, made with his own hand This is the mark P P W of PIETER PIETERSZ WINNE, junior, made by himself
Which I witness,
ADRIAEN VAN ILPENDAM, Not. Pub.
Depositions of Mathys Hoochtelingh and Jurriaen Calyer about the conduct of Maritie Jacobs
[5631/2] This day, the 24th of February 1672, appeared before me. Adriaen van Upendam, notary public (residing in New Albany ), Mattys Hooghteulingh, aged about 32 years, and Jurriaen Calier, also aged about 32 years, who without any dissimulation or misleading of any persons, but for the sake of justice, at the request of Roeloff Carstensz, acknowledge each for himself, that they have testified as these deponents hereby do testify, in manner following, to wit: Mattys Hooghteulingh acknowledges that (in the year 1675, in the month of May, but the precise day not remembered), being on the island where Maerten Gerritsz dwells, he. the deponent, with the requirer [ Roeloff] lay down to sleep in the evening by the fire, and that Maritie Jacobs came by there and pulled their two coverlets off and ran with them up to the garret, whereupon Roeloff Carstensz said: " Why do you take the cover- lets off the man?" Then Maritie replied: " Will you have them again? Then you must come and fetch them; " and this deponent falling asleep and sleeping some hours awoke at the first cock crowing and missed Roeloff ; at the break of day he saw Roeloff peep out of the trapdoor of the garret, doubtless thinking this deponent was asleep, and coming down he quietly laid himself down by him again. Then this deponent turned over as though he just awoke out of sleep and asked Roeloff where he had been, whereupon Roeloff replied that he came from the barn, and this deponent answered again: "I know the barn well."
Jurriaen Cahier testifies that in the month of May 1675 (but the precise day not well remembered ) he came to the island where Maerten Gerritsz dwelt to fetch seed oats and on a Saturday
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NOTARIAL PAPERS I AND 2, 1660-1696
evening with Roeloff Carstensz laid himself down by the hearth to sleep, and having lain a little while Roeloff got up and went to the garret where Maritie Jacobs was; on Sunday morning about breakfast time Maritie Jacobs went to the garret where after a little time Roeloff followed her, and they were together so long up there that the deponent was tired waiting and quietly climbing up the stairs looked into the garret ; they secing him quickly jumped away from each other, whereupon Maritie Jacobs said: "Dear Lord, what's come over me!" As one is bound to testify to the truth (especially being required so to do) the aforesaid deponents are ready (if need be) to confirm this, and have subscribed this with their own hands in Albany, dated as above.
MATYS HOOCHTEULYNGH JURRIAEN CALYER
Lease of a house from Bent Bagghe to Jurriaen Jansen van Hoesen
[Reverse of 5631/2 blank ; 564]; On this 3d day of May 1676 appeared before me, Adriaen van Ilpendam, notary public (residing in N. Albany), Bent Bagghe, of the one part, and Jurriaen Janse van Hoesen of the other part, who hereby acknowledge that in all love and friendship they are agreed with each other in manner following, to wit: Bent Bagghe acknowledges that he has let and Jurriaen van Hoesen that he has hired a house and lot in Albany, as it was shown to the lessee, for the time of two consecutive years, for which term the lessee promises to pay the lessor or his order sixteen and a half beavers, and the lessee can pay the same in seawan or in wheat at market price. Binding therefor their respec- . tive persons and estates, personal and real, present and future, subject to all courts and judges, said contracting parties have in confirmation hereof subscribed this with their own hands, on the date above written.
JURRIAEN JANSEN VAN HOESEN This is the mark Bv of BENT BAGGIIE, made by himself
As witnesses : J. G. v. Marcken Jan Cornelyssen
Which I witness,
ADRIAEN VAN ILPENDAM, Not. Pub.
3-4-4
EARLY RECORDS OF ALBANY
Contract of sale of a house between Poulus Martensen van Bent- huysen, Jan Jansen Bleecker and Lourens van Alen
[565 blank; 566] On this fifth day of June 1676, appeared before me. Adriaen van Ilpendam, notary public (residing in New Albany ), and before the undersigned witnesses, Poulus Maertensz van Benthuysen, of the first part, and Jan Jansz Bleycker and Louwerens van Alen, of the second part, who acknowledge that in love and friendship they have contracted and agreed with each other in manner following, to wit: Poulus Maertensz van Ben- thuysen acknowledges that he has sold, and Jan Jansz Bleycker and Louwerens van Alen that they have bought a certain house and lot standing and lying here in Albany, between the house and lot of Harmen Jansz, rope maker, and the lot of Geurt Heyndricsz, carpenter, which said house and lot, with all that therein is fast by earth and nail and according to patent and as it is at present inclosed, the said seller delivers to said buyers at present free and unincumbered (saving the lord's right) the receipt of which the buyers hereby acknowledge. For which the buyers promise to pay the seller one hundred and twenty good, whole, merchantable beaver skins, the same to be paid to the seller or his order in the three following instalments, cach of a just third part of said sum: the first instalment of 40 whole beavers shall be paid this year as soon as the first great crowd of Indians shall have been here; the second instalment shall be paid in the month of August 1077; the third being the last instalment, in the month of August 1678; on condition that the seller be holden on receipt of the last instalment to deliver a good and sufficient deed to the buyers.
Said contracting parties promise to execute and perform the abovesaid conditions, binding thereto their respective persons and estates, as well in possession as to be possessed, nothing excepted, subject to all lords, courts, tribunals and judges ; in witness whereof they have without craft or guile subscribed this with their own hands in Albany, dated as above.
POULIS MARTEN JAN JANSZ BLEECKER LOURUS VAN ALEN
As witnesses : Hendrick Rooseboom Luykas Gerrytsen
Quod attestor
ADRIAEN VAN ILPENDAM. Not. Pub.
345
NOTARIAL PAPERS I AND 2, 1660-1696
Contract of sale of a house between Johannes Borger and Samuel Wollson
[567 blank; 568] On this 13th day of June 1676, appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany), and before the afternamed witnesses, Johannes Burgher, of the first part, and Mr Samuel Wolson,1 of the second part, who acknowledge that in love and friendship they have agreed with each other in manner following, to wit: Johannes Burgher acknowledges that he has sold and Mr Samuel Wolson that he has bought a house and lot, with all that thereon is fast by earth and nail, as the same is inclosed, wherein the seller now dwells, here in Albany; and the seller promises to deliver the same to the buyer or his order free and unincumbered (saving the lord's right) on the first of May 1677: for which the buyer promises to pay one hundred and fourteen good, whole, merchantable beaver skins, worth eight guilders apiece, the same to be paid in the two follow- ing instalments, to wit: the first instalment, being fifty-seven whole beavers, in the latter part of the month of September of this year 1676, and the last instalment on the delivery of said house and lot on the first of May 1077, being again fifty-seven whole beaver skins, on condition that the seller shall be holden on the payment of the last instalment to deliver a good and sufficient deed (written in English) with the patent thereof. The contracting parties mutu- ally promise to perform and execute the above contract, binding thereto their respective persons and estates, nothing excepted, sub- ject to all lords, courts, tribunals and judges.
In witness whereof they have without craft or guile subscribed this with their own hands, dated as above.
JOHANNES BORGER SAM [U]ELL WOLLSON
As witnesses : Reynier Schuets Jan Byvanck
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
1 The clerk first wrote " Wilsen," and then changed it to "Wolson," in accordance with the signature, except that the latter has the double l. Samuel Wollson received a deed for the above-mentioned property from Elisabeth Claes, the widow of Jan Borger, on September 7, 1677, and the next day conveyed it to Jan Hendrick Bruyn. See Early Records of Albany, 1 :160-61.
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EARLY RECORDS OF ALBANY
Contract of Claes Jansen to build a house and two hay ricks for Dirck Bensen at Claverack
[569 blank; 570] On this 20th day of June 1676, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, Dirck Bentsingh, of the first part, and Claes Jansz van Baeren, of the second part, who hereby acknowledge that in all love and friendship they have agreed in manner following, to wit: Dirck Bentsingh acknowledges that he has let the contract and Claes Jansz that he has agreed to build a house at the Claverrack of twenty feet square, and to make therein two casement windows ( Cruys Coosyns), a doorframe, a cloister window frame (clooster coosyn), together with a back door, two end bents with corbels, a cellar to be boarded up, to lay a floor therein 20 feet in breadth and 15 feet long, cellar stairs and stairs to the garret, to make the doors as well of the cellar as of the house, to cut to right length and dress the boards both of the floor and the garret, to hang the windows and doors, to make the wooden hinges to the doors; the aforesaid work must all be well and properly done. Furthermore, to make also two good and substantial square hay ricks near the house, except the roofs; but said contractor must properly cover the roof of the house with boards. The owner promises to deliver all the materials and to furnish the contractor with board, on condition that the contractor shall begin the work now immediately and not cease from work until it is completed ; for which the owner promises to pay the contractor or his order twenty whole, mer- chantable heaver skins, but may pay the same in good wheat or peas at market price, delivered at Albany free, to wit, four beavers or the value thereof as aforesaid next harvest time, and six in the month of July 1677, and the remaining ten beavers or the value thereof in the month of July 1678. The aforesaid contracting parties (with God's help) mutually promise to execute and per- form what is hereinbefore written, binding thereto their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have without craft or guile subscribed this with their own hands, dated as above.
CLAES HANS DIRCK BENSEM
As witnesses : G: Swvartt Johannes Clutten
Quod attestor ADRIAEN VAN IL.PENDAM, Not. Pub.
347
NOTARIAL PAPERS I AND 2, 1660-1696
Declaration of the consistory and former elders of the Dutch church at Albany as to the result of their mediation between Domine Nicolaus van Rensselaer and Jacob Leisler and Jacob Milborne1
[571 blank; 572] We, the tindersigned consistory and former elders of the church of Jesus Christ in Albany, deeming it our duty to uphold and promote the peace and harmony of the said church and in accordance with the spirit of love in all amity and friend- ship to adjust and settle the differences which have arisen between Domine Nicolaes van Renselaer and Jacob Leysler and Jacob Milborn, we this morning betook ourselves to the church where, both parties having been summoned and having appeared, divers debates took place in which they did not seek to injure each other's character but acknowledged each other to be honorable men of whom they could say nothing but what was honest and virtuous and with shaking of hands forgave, ended and settled the matter, except in so far as the political judge might not be satisfied there- with ( since the matter had been brought before him), who would be informed of the settlement, as was done by Cornelis van Dyck and Johannes Provoost, to whom he said that he was quite satisfied, whereupon Van Dyck and Provoost came again to the brethren and reported the same and we, the deponents, with the two parties,
1 Leisler and his son-in-law Milborne having openly accused Domine van Rensselaer of heterodoxy for words spoken by him in a sermon on August 13th, he, on August 22d, brought an action against them for slander. The defendants considered the charges of so grave a nature that they at once made a motion for an order to the plaintiff to furnish bonds in the sum of £1500 for the costs of the trial, which was granted by the court. Van Rens- selaer at first agreed to comply with this order, but then changed his mind, claiming that the amount was excessive and threatening to appeal to the governor unless the amount was reduced. At this point, through the efforts of the consistory, occurred the reconciliation of the parties spoken of in the declaration above. Van Rensselaer withdrew his charges, but refused to pay the costs and thereupon was placed under arrest in his own house. He then applied to the court for permission to appeal to the governor and council, which was granted on condition that he furnish bonds. This he did on September 4th, Gerrit van Slichtenhorst and Cornelis van Dyck being his bondsmen. Soon after an order came from the governor, issued on September 8th. that the domine be released from his imprisonment and that all matters relating to the case be heard in New York. September 28th, the parties were reconciled before the court at Albany and agreed to refer the question of costs to the governor and council, who on October 23d ordered " That Jacob Leysler and Jacob Milburne doe pay the whole charge both at Albany and here, as giving the first Occasion of the Difference, and that Do Renslaer bee freed from bearing any part thereof, and this to be a finall end and determination of the matter between ye partyes upon this occasion." See Proceedings of the Commissioners and Magistrates, 1676-80, D. 105, 108-15, 117-19, 128, 130 in the Alhany county clerk's office : Council Minutes, 3:117-20, 124, 131, in the State Library, and Documentary History of Nowe York, 3:875-79.
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EARLY RECORDS OF ALBANY
went together to the court house, very much rejoiced that the matter had been so successfully settled on both sides. Having come there, J. Leyselaer and J. Milborn made a motion that Domine Renselaer should be holden to pay all the costs, to which Domine Renselaer can not consent, since we are not aware that such has been decided in the peace-making. In witness whereof we have confirmed this with our own hands, this 29th of August 1676, in Albany.
GIDEON SCHAATS, pastor in New Albany . CORNELIS VAN DYCK
DAVYDT SCHUYLER JAN VERBEECK ADRIAEN GERRETSEN JOHANNES PROVOOST
Acknowledged before me,
ADRIAEN VAN ILPENDAM, Not. Pub.
Power of attorney from Domine Nicolaus van Rensselaer to Stephanus van Cortlant to appear for him before the governor and council in the matter between said van Rensselaer and Jacob Leisler and Jacob Milborne
[573-75 blank ; 576] This day, the 8th of September 1076, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the undersigned witnesses, the Reverend Domine Nicolaes van Rensselaer, who acknowledges that he has constituted and appointed, as he does hereby constitute and appoint, the honorable Mr Stephanus van Cortlandt, residing in New York, his attorney in his, the principal's, name to appear before the right honorable the governor general and council at New York as plaintiff or respondent in the matter between Domine Rensse- laer on the one side and Jacob Leysler and Jacob Milburn on the other side, in which an appeal was granted by the honorable court here in Albany on the 2d of September 1676; to prosecute said case to definite sentence, with power to substitute one or more persons at lites. The principal promises to hold as good, binding and valid whatever shall be done and performed in the matter aforesaid by his attorney or his substitute, binding therefor his person and property, having and to have, nothing excepted, subject to the authority of all lords, courts, tribunals and judges. In witness whereof he has subscribed this with his own hand, together with
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NOTARIAL PAPERS I AND 2, 1660-1696
Meyndert Harmensz and Johannes Lantsingh as witnesses. In Albany, datum ut supra.
NICOLAUS VAN RENSSELAER, Pastor
As witnesses : Meyndert Harmenss Jan Lansinck
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract whereby Jacob Hansen binds himself to serve Capt. Hans Heindricksen for the term of one year
[577-79 blank; 580] This day, the 19th of September 1676, appeared before me, Adriaen van Ilpendam, notary public (resid- ing in New Albany), and before the subscribing witnesses, Capt. Hans Ile[yndricksz], of the one part, and Jacob Hansz, of the other part, who acknowledge that in love and friendship they have agreed and contracted with each other in manner following, to wit: Said Jacob Hansz acknowledges that he has hired himself to said Capt. Hans Heyndricsz1 for the time of one year from this date, beginning on the 19th day of September 1676 and ending on the 19th of September 1677, provided that said servant for said time promises to serve and obey said master with all diligence and faithfulness in all proper work, as well here in Albany as at the Nootenhoeck.2 For which said master promises to pay said servant ten good, whole, merchantable beaver skins. (N.B. Said master has already disbursed for said servant to Christiaen Pietersz eight and a half beavers for his freedom, which said servant not only acknowledges but thankfully accepts. ) The said contracting parties mutually promise to execute and perform the foregoing conditions, binding thereto their respective persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have in presence of Christiaen Pietersz and Barent Meyndersz and Johannes Mingael, as witnesses, called
1 Hans Ileindricksen was one of the Lutherans who in 1674 petitioned Governor Colve to be allowed to employ their own sexton in burying their dead; see Documentary History of New York, 3:871-72. His descendants assumed the surname of Hausen: Early Records of aAlbany, 1:131, note.
2 Nutten Hook, in Columbia county.
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EARLY RECORDS OF ALBANY
hereto, subscribed these with their own hands. In Albany, dated as above.
JACOB HANSZEN HANS HEINDRICSZ
As witnesses :
Christiaan Peters Barent Meynders Johannes Mingacl
Which I witness. ADRIAEN VAN ILPENDAM, Not. Pub.
Deposition of Storm van der Zee and Abraham van Tricht about a horse trade between Ludovicus Cobes and Claes Willemsen van Coppernol
[581-83 blank; 584] We, the undersigned, Storm van der Zec and Abraham van Tricht, hereby testify and declare at the request of Claes Willemsz van Coppernol in truth and verity that on the 20th of September 1676 we saw and heard Claes Willemsz and Ludovicus Coobes at the house of Storm vander Zee contract with each other in respect to a mare, to wit, that Ludovicus Coobes would give to said Claes Willemsz one and a half beavers for the colt that might be in said mare and if there was no col in her, then said Ludovicus Coobes would be released from paying said one and a half beavers, on condition that said Claes Willemsz on said date should ride upon said horse to Schenectady and the next day before noon again deliver the same to said Ludovicus here in Albany and that said Claes Willemsz should relinquish and sur- render all his right and claim to the horse. The said deponents are ready, if need be, to confirm the foregoing by oath and they have subscribed this with their own hands in Albany, this 21st of September 1676.
STORM VAN DER ZEE MR VBRAM VAN TRICHT Quod attestor ADRIAEN VAN IL.PENDAM, Not. Pub.
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NOTARIAL PAPERS I AND 2, 1660-1696
Contract of sale of a farm from Nicolaus and Maria van Rens- selaer to Harmen van Gansevoort
[585-87 blank; 588] This day, the 24th of October 1676, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the subscribing witnesses, Domine Nicolaus van Renselaer, vice patroon of the colony of Renselaers- wyck, and Madam Maria van Renselaer, widow of the late Mr Jeremias van Renselaer, late director of said colony of Rensselaers- wyck, of the first part, and Harmen van Gansevoort, of the second part, who acknowledge hereby that they have agreed and con- tracted with each other in manner following, to wit: Domine Nicolaus van Renselaer and the widow of the late Jeremias van Renselaer acknowledge that they have sold, and Harmen van Gansevoort that he has bought, a certain farm lying at Katskil, as the same formerly belonged to Eldert Gerbertsz Cruyff and was bought from Jan van Breemen, consisting according to patent of thirty-five morgens, together with the little house on the shore and the lands appertaining thereto and which also belonged to said Eldert Gerbertsz; all of which the aforesaid sellers now deliver to the aforenamed buyer free and unincumbered ( saving the lord's right ), for which said buyer promises to pay one hundred and thirty good, whole, merchantable beaver skins, to be paid in the four following instalments, to wit: the first instalment (being a just fourth part ) shall be paid on the first of May 1677; the second instalment (being again a just fourth part) on the first of May 1678; the third on the first of May 1679, the fourth or last instalment on the first of May 1680. But it is stipulated that in case of lack of some beavers, the buyer may pay said sellers partly in good winter wheat as the market shall then be, to be delivered here in Albany free and at his own expense, and the sellers promise (on the payment of the last instalment) to deliver to the buyer a good and valid deed of ownership, always excepting the lord's right.
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