USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 33
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As witnesses : Lucas Pieterse I'm: Parker
CLAES BEVER JAN AERTSEN
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Deposition of Jan Vinhaeghen and Jan Byvanck about certain boards alleged to have been stolen by Claes Ripsen van Dam
[611 blank; 612] This day, the 10th of January 1674, appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany ), Jan Fynaghen, aged about 44 years, and Jan Byvanck. aged about 13 years, who without any dissimulation or misleading of any persons, but for the sake of justice, acknowledge that they have testified, as hereby they do, at the request of Maria Bord, wife of Claes Ripsz van Dam, that in truth and verity they on the 8th of this month were at the house of Claes Ripsz, where Robbert Sandersz was invited and came, when said wife of Claes Ripsz in our presence said to Robbert Sanders that last Friday. the 5th of this month, the wife of Gerrit van Slichtenhorst came to her house and finding her at home alone said to her that her husband. Claes Ripsz, had stolen fully one-half of the boards which he used for his hogpen, and that they were boards from the city fence and that there were some bullets or bullet holes and shot therein and that Robbert Sanders had said so. She asked him, "What say you thereto?" Whereupon Robbert Sandersz answered, "I do not
NOTARIAL PAPERS I AND 2, 1660-1696 363
know that I ever thought such a thing in my life, much less have said it; God keep me from saying that your husband has stolen boards." Herewith ending their deposition they are ready (if need be) to confirm the same and have subscribed this with their own hands, in Albany, the roth of January 1676.
JAN VINHAEGHIEN JAN BYVANCK
Which I witness, ADRIAEN VAN ILENDAM, Not. Pub.
Deposition of Johannes Borgers and his wife Elisabeth Claes about boards alleged to have been stolen by Claes Ripsen van Dam
[613-15 blank ; 616] This day, the 6th of January 1674, appeared before me, Adriaen van Ilpendam; notary public (residing in New Albany), Jan Burgher and his wife, who acknowledge that they have testified, as hereby they do, at the request of Claes Ripsz, that in truth and verity the wife of Gerrit van Slichtenhorst came to his house now about fourteen days ago, the precise day not fully remembered, and there said, "Robbert Sandersz and Claes Ripsz are now such great friends, but I will cause that they be as great enemies as they are now friends;" and she said that Robbert Sandersz had said that Claes Ripse had stolen some boards from the city fence which he used on his hogpen. As one is bound to testify to the truth (especially being required so to do), the afore- named deponents are ready (if need be) to confirm the above, and in witness thereof they have subscribed this with their own hands. in Albany, this 6th of January 1679.
JOHANNES BORGERS LEYSABETH CLAES
As witnesses :
Harmen Bastiaens Claes Jacobse
In the presence of me, ADRIAEN VAN ILPENDAM, Not. Pub.
END OF VOLUME I
NOTARIAL PAPERS
Volume 2 NOTARIAL MINUTES OF ADRIAEN JANSEN VAN ILPENDAM
Contract of sale between Arnout Cornelissen Viele and Poulus Martensen van Benthuysen of a building lot and cellar in Albany
[115]1 Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany (appointed by the honorable magis- trates of Albany, colony of Rensselaerswyck and Schanechtade with the approbation of the Right Honorable Francoys Lovelace, on be- half of His Royal Highness James, Duke of York, governor general over all his territories in America) and before the hereinafter named witnesses, Aernout Cornelisz van Vylen of the one part and Paulus Maertensz van Benthuysen of the other part, who acknowl- edge that in love and friendship they have agreed and contracted in manner following, to wit: Aernout aforesaid acknowledges that he has sold to Poulus Maertensz a cellar with its appurtenances and the lot with all that is thereto fast by earth and nail, which are now delivered to said buyer free and unincumbered, excepting the lord's right, the receipt whereof is acknowledged by the buyer on the con- ditions aforesaid and he promises to pay for said lot and cellar seventeen good, whole beaver skins, at the latest in the month of June of next year one thousand six hundred and seventy (allowing at most one month's grace), either in beavers or in good, salable winter wheat at beaver's price, in part payment of which the seller acknowledges that he has already received seven beavers and so soon as the remainder of the payment shall be made, the said seller promises to deliver to the buyer a sufficient [116] deed. The said lot and cellar lie in Albany between the lot of Huybert Jansz van Spranghe and the lot of said buyer. For the execution of all that is hereinbefore written they bind their persons and estates, real and personal, present and future, and in confirmation thereof they
1 Pages 1-1I4 contain documents ranging in date from January 6, 1676, to March 16, 1638, which in this translation are printed in their proper chrono- logic place after document 200.
2 Probably the same person as Huybert Jansen de Vroome; see Early Records of Albany. 1:150. Sprangh, or Sprang, is a village in the province of North Brabant, Netherlands.
[365]
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EARLY RECORDS OF ALBANY
have subscribed this with their own hands without fraud or deceit, in presence of the undersigned witnesses, in Albany, this twenty- sixth day of November one thousand six hundred and sixty-nine.
ARNOUT COR: VIELEN POULIS MARTEN
Hanis Dreper, witness Pieter Adriaenss, witness
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract between Elisabeth Drinckvelt, wife of Jan Rinckhout, and Anthoine Lespinard regarding the use of Rinckhout's bakery on shares
[ 117] Appeared before me. Adriaen van Ipendam, notary public residing in New Albany (appointed by the honorable magis- trates of Albany, colony of Renselaerswyck and Schanechtade with approbation of the Right Honorable Francoys Lovelace, on behalf of Ilis Royal Highness James, Duke of York, governor general over all his territories in America ), and before the hereinafter named witnesses, Anthony Lespinard of the one part and Elisabeth Drinckvelt, wife of Jan Rinekhout, as attorney in this matter for her aforesaid husband according to the testimony of Bent Bagge, of the other part, who in all love and friendship have agreed with each other as follows, to wit, that said Anthony Lespinard shall bake in the house of said Jan Rinckhout in Albany for the period of one whole year. beginning on the first of May 1670 and ending on the first of May 1671, and shall use his utmost endeavor to bake of everything, both for Christians and for Indians, provided that both parties shall lay in the same quantity of grain and that each party shall receive half of the profits; and said Anthony Lespinard shall cut the wood for the oven as well as for the house on con- dition that the aforesaid baker shall have board, lodging and wash- ing free but shall pay for one-half of the bread flour which during said time shall be used within the house by himself, his wife and four children. But it is expressly stipulated that during said time said baker shall be [ 18] holden to work five weeks without other profit than his board, to wit, two weeks before the harvest and three weeks after the harvest, but next harvest said baker may work on his own account and alone receive the profits, provided however that there are no Indians here in Albany. The foregoing the
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NOTARIAL PAPERS I AND 2, 1660-1696
undersigned contracting parties mutually promise (with God's help) to execute and perform, binding thereto their respective per- sons and estates, real and personal, present and future, subject to all courts and judges, and in confirmation thereof they have stib- scribed this without fraud or deceit, in Albany, this 2Ist of January 1670.
by me, ELISABETHI DRI[N]CKUELT A. LESPINARD
As witnesses :
This is the mark X of Bent Bagge, set by himself Jan Verbeeck, witness
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale of part of a lot in Albany from Geertruyt Pieters Vosburgh to Lucas Gerritsen and others
[119] Appeared before me, Adriaen van Ilpendam, notary public residing in Albany (appointed by the honorable magistrates of Albany, colony of Renselaerswyck and Schanechtade, with approbation of the Right Honorable Francoys Lovelace, on behalf of His Royal Highness James, Duke of York, governor general of all his territories in America), and before the hereinafter named witnesses, Geertruyt Pieters1 of the one part and Lucas Gerritsz, Heyndrick Lantsing, Jan Byvanck and Gerrit Hardenbergh of the other part, who in love and friendship have agreed and contracted in manner following, to wit: Said Geertruyt Pieters acknowledges that she has sold and the aforesaid four persons that they have bought a certain piece of her lot lying on the hill in Albany, behind the houses of the aforesaid four buyers, to wit, in length from the west side to the east side six rods and in breadth from the north side to the south side ten feet, all free and tinincumbered (saving the lord's right) ; for which the said four buyers promise to pay thir- teen good, whole, salable beaver skins, the same to be paid at the beginning of next trading season. What is hereinbefore written they muttially promise to execute and to perform, binding thereto their respective persons and [120] estates, nothing excepted, subject to all lords, courts, tribunals and judges, and in confirmation hereof
1 Geertruyt Pieters was the widow of Abram Pietersen Vosburgh, who lost his life in the Indian uprising at the Esopus in 1659. She was a sister of Barent Pietersen Coeymans.
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EARLY RECORDS OF ALBANY
they have subscribed this with their own hands, without fraud or deceit, in presence of Jacob Tysz vander leyden and Jacob Abra- hamsz ( called as witnesses hereto ).
In Albany, this second of February one thousand six hundred and seventy.
This is the mark -L of GEERTRUYT PIETERS, made with her own hand LUCAS GERYTSEN. backer IlENDRICK LANSINCK JAN BYVANCK GERRIT HERTTENBERGH
As witnesses : Jacob Theysen vander Heyden Jacop Abrahams
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease from Myndert Fredericksen to Harmen Thomassen Hun for a piece of land on the west side of the Hudson river oppo- site Claverack
[ 121] Appeared before me, Adriaen van Ilpendam, residing in New Albany (appointed by the honorable magistracy of . Albany, colony of Renselaerswyck and Schanechtade with approbation of the Right Honorable Frangoys Lovelace, in behalf of his Royal llighness James, Duke of York, governor general over all his terri- tories in America ), and before the afternamed witnesses, Meyndert Fredericsz of the one part and Harmen Thomasz of the other part, who (on the date hereinafter written) in all love and friendship have agreed and contracted in manner following, to wit: Meyn- dert Fredericsz acknowledges that he has let and Harmen Thomasz that he has hired of him a certain parcel of land lying on the west bank [of the Hudson] opposite the Claverack,1 for the time of six following years beginning on the first of May next and ending on the first of May one thousand six hundred and seventy-six.
First, the lessor promises to deliver with said land a house of one board in length, a barn thirty feet long and a rick, provided the lessee dig a cellar under the house and likewise help rough-hew
1 This land probably adjoined the land on the Murderer's kill which Captain Je hanne> Clute donated on July 18, 1073, to Wynije, the daughter of Harmen Thomassen Hun; see History of Greene County, pub, by I. B. Beers & Co., New York 1884, p. 153.
369
NOTARIAL PAPERS I AND 2, 1060-1696
the timber for the house, barn and rick and not receive therefor anything more than his victuals so long as the work is going on.
Secondly, the lessee shall be holden to maintain and deliver up at the end of this lease said house, barn and rick in good repair, wall and roof tight.
Thirdly, in case of fire ( which may God prevent ) half the loss shall be borne by each party, but in case of general war, the burden shall fall upon the lessor.
Fourthly, the lessor shall deliver to the lessee with the land six horses, to wit, three mares, one a year old, and the other three either stallions or geldings; four milch cows; a heifer three years old; likewise two bulls and a heifer each one year old; and a heifer [122] calf of six weeks; and the lessee shall be holden during the four last years to deliver to the lessor yearly ten pounds of butter and in case any of the horses or cattle of those delivered happen to die, they shall be made good out of the common increase ; furthermore, each party shall receive the half of the increase, but the lessee shall not sell, exchange or remove any of the aforenamed horses and cattle or the increase thereof without the knowledge or consent of the lessor.
The lessor also delivers therewith three sows, for which the lessee shall deliver yearly three hogs fit for slaughter, except the first year. The lessor promises to deliver then a wagon, a plow, a harrow, four breast-harnesses, eight traces, four bits, one pair of lines, one rope for the front and one for the back of the hay wagon, a new spade, two axes, four wedges, two rings for a beetle, another spade, a winnow, two Flemish scythes, and a scythe blade, and at the end of the lease these implements must be returned to the lessor in good and usable condition.
All expenses of whatever name to which the lessee may be put shall be at his own charge. The lessee shall be holden to break up four morgens of land yearly to bring the place into use and also plant an orchard of one morgen, but the lessor shall furnish the trees therefor. The lessee shall surround said land with a good protective fence and in the last year sow not more than nine morgens of winter wheat; therefor the lessee shall have said land and what is therewith promised according to these conditions, six years ; pro- vided that the lessor shall have the use of the horses to draw the timber for the house, barn and rick and receive so much milk as he has need of for his men so long as they are engaged in building. Said contracting parties mutually promise to execute and perform what is hereinbefore written, binding thereto their persons and
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EARLY RECORDS OF ALBANY
estates, all as by law provided and in confirmation thereof they have subscribed this with their own hands without craft or guile, in presence of Pieter Loockermans and Ilans Heyndricsz, as wit- nesses hereto, in Albany, this fourth of April one thousand six hundred and seventy.
This is the mark X of MEYNDERT FREDERICSZ HARMEN THOMANSZ
Pieter Loockermans Hans Ileindricss
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease from Robert Sanders to Hendrick Meussen Vrooman of a farm on the east side of the Hudson river called Stone Arabia
[123] Appeared before me, Adriaen van Hpendam, notary public residing in New Albany ( appointed by the honorable magis- trates of Albany, colony of Renselaerswyck and Schanechtade with the approbation of the Right Honorable Francoys Lovelace, on behalf of his Royal Highness James, Duke of York, governor gen- eral of all his territories in America ), and before the undersigned witnesses, Robbert Sandersz of the one part and Heyndrick Meesz Vrooman of the other part, who in love and friendship have agreed together in manner following, to wit: Robbert Sandersz acknowl- edges that he has let and Heyndrick Meesz that he has hired a certain farm lying over against the long island called Steen Raby,1 for the term of six following years beginning on the first of May 1670, old style, and ending on the first of May 1676.
The lessor promises to deliver therewith a house, barn and two ricks, a hogpen, two boards long and one board in width, all com- plete, and all the land that the lessor owns there. as well plowed land, garden, orchard and meadow as woodland, except the little flat opposite Philip Pietersz' door.
1 Stone Arabia. This refers apparently to land which was bought by Robert Sanders and Harmen Vedder of the Mahican Indians with the con- seid of Guverner Richard Nicolls and which in a patent to them dated Det ber In HES, is described as being commonly called and known " by the Indian name of T. er une sich, and a piece of Land by them named Sheeps- bach, bying n g" hast side of se North River & stretching alongst ve said Rover from " Second to y" Third Springe web Runners over to " West side of y" River straight into y woods up to ve High Hills & including I'm it a pele of mead w Ground or Hooy valley haning also a free way for out Drift of Cattle" August 21, 1670, Harmen Vedder comeved his half interest in the land to Robert Sanders; sce Early Records of .Album.
37I
NOTARIAL PAPERS I AND 2, 1660-1696
The lessee shall enjoy the crops of the land which he shall find sown there and the lessee must move over the fence on the east side of said land as far as he shall see fit and lengthen the cross fence.
At the expiration of said six years the lessee must deliver up three and a half morgens sown with winter wheat, and whatever more he sows the lessor must take and satisfy the lessee therefor at the valuation of two impartial men. .
The lessee must inclose the maize land also and put it under the plow, and the lessor must pay [124] therefor at the end of the lease on a valuation, and furnish a man therefor 16 days.
The lessee promises to pay as rent, the first year six skipples of wheat, the second year twelve skipples of wheat, the third year forty skipples of wheat, and the three last years seventy skipples of wheat yearly, or for every skipple of wheat two and a half skipples of oats. The lessor promises to deliver therewith three cows with a heifer of three years which is with calf, and a heifer of two years, but the lessor must stand the risk of the two heifers until . they have calved. Likewise the lessor promises to deliver there- with three heifers a year old which the lessee shall keep until they are three years old, when the half shall belong to the lessee. Fur- thermore the lessor promises to deliver therewith four horses, con- sisting of two mares and two stallions, likewise a winter stallion of which the lessor shall stand the risk until three years old and the lessor must have him gelded at his own risk; furthermore the lessor and lessee must each bear half the risk of the cows and horses and if any come to die they shall first be made good out of the increase and the remainder be divided half and half. Like- wise the lessor promises to deliver therewith six sows, for which the lessee promises to deliver yearly two year-old hogs to pen up and fatten, except the first year, but the pigs which are there now shall belong to the lessee, provided he at the end of this lease shall deliver to the lessor three sows each of two years and three sows each of one year together with all the pigs which in the months of February, March and April shall be cast by said six sows. In case of accidents from fire on said farm (which may God pre- vent ) both lessee and lessor shall bear each a half of the loss, but in case [125] of general war the loss shall be borne by the lessor alone. The fruits.of the orchard shall be received by the lessor and lessee each a half. The fences which the lessor delivers therewith, the lessee shall at the end of said time deliver up again tight so as to keep in horses, cattle and hogs. The lessor further delivers
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EARLY RECORDS OF ALBANY
therewith a calf and promises to deliver there yearly a calf three weeks old and when said calves are three years old, each party shall receive the half and at the end of the six years the lessee shall deliver to the lessor again a calf in place of the aforesaid calf that is now delivered to him.
The aforesaid contracting parties mutually promise ( with God's help) to execute and perform what is hereinbefore written, binding thereto their respective persons and estates, nothing excepted, plac- ing the same under the authority of all courts and judges, and in confirmation thereof they have subscribed this with their own hands withont craft or guile (in presence of Jacob Tyssen vander lleyden and Claes Ripsz van Dam, as witnesses hereto ) in Albany, this 3d of May 1070.
ROBBERT SANDERSZ HEINDERICK MEESZEN VROOMAN
Jacob Theysen vander Heyden
Claes Ripsen van Dam
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Indenture of apprenticeship of Adam Hendricksen Vrooman to Cornelis Willemsen van der Burgh to learn the millwright's trade
[126 blank; 127] Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany in America, and before the hereinafter named witnesses, Cornelis Willemsz van der Burgh of the one part and Adam Heyndricksz Vrooman of the other part, who in love and friendship are agreed in manner following, to wit: Said Adam Heyndriesz (now about 21 years old) acknowledges that with the consent of his father. Heyndrick Meesz Vrooman, he has bound himself to Cornelis Willemsz aforesaid, who acknowl- edges that he has hired him for the term of two consecutive years, commencing on this 23d of May 1670. The aforesaid Cor- nelis Willemsz promises in said two years, so far as he is able, to teach said Adam Hendricksz carpentering and millwrighting. to furnish him free board, lodging and washing and to pay him for his labor and service the first year eighty guilders in silver money or large coin 1 and a pair of new shoes and the second year one hundred and twenty guilders in silver money or large coin at said Cornelis Willemsz's choice. And the aforesaid servant promises ( with God's help) to serve the aforesaid master said two
1 Swaer gelt; literally, " heavy money."
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NOTARIAL PAPERS I AND 2, 1660-1696
years with all diligence, assiduity and faithfulness, on the express condition that the servant may try the first six weeks how he likes it and [128] if he does not like it, he may give up his service and be free and shall then receive for the six weeks' service not more than free fare with a horse from Sprinckvielt1 to Albany. All that is hereinbefore written the said contracting parties promise (with God's help) to execute and perform, binding thereto their persons and estates, nothing excepted, submitting the same to the jurisdic- tion of all courts and judges. In witness whereof they have sub- scribed this with their own hands without fraud or deceit (in presence of Stoffel Jansz Abeel and Leendert Philipsz, called as witnesses hereto) in Albany in America, this 23d of May one thousand six hundred and seventy.
CORNELIS WILLEMSZ ADAM HEINDRICKSZ
Leender Phyles Stoffel Janss Abeel
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract for the sale of a sawmill in Greenbush from Willem Fredericksen Bout to Harmen Bastiaensen Visscher
[129] Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the hereinafter named witnesses, on the date underwritten, Willem Fredericsz 2 of the first part and Harmen Bastiaensz 3 of the second part, who in love and friendship have agreed and contracted in manner following, to wit: Willem Fredericsz acknowledges that he has sold to Harmen Bastiaensz, who also acknowledges that he has bought, a certain sawmill standing in the Greyne Bosch,4 behind the farm of Mr Jeremias van Renselaer, where Dirck Teunisz5 now dwells, which he, Willem Fredericsz, now acknowledges to have delivered with all its appurtenances and privileges, except or saving the lord's right, to Harmen Bastiaensz, who acknowledges the receipt thereof, but the seller retains for himself all the boards which at present lie there sawed, for which he shall pay to the buyer the value of eleven beavers in boards at market price from these
1 Springfield, Mass.
2 Willem Fredericksen Bout.
3 Harmen Bastiaensen Visscher.
4 Greenbush, Rensselaer county, N. Y.
5 Dirck Teunissen van Vechten.
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EARLY RECORDS OF ALBANY
sawed boards and in addition thirty oak boards of the aforesaid boards. For which [mill] the buyer promises to pay to the seller ninety-eight beavers, all to be paid in boards, to wit, four hundred pine boards next fall from the [130] logs lying there now and the following spring boards to the value of three hundred guilders in seawan, and the balance of the sum to be paid in the four following years, each year a just fourth part in good, merchantable boards at beaver's price, but all said boards the buyer must deliver at his own expense on the bank of the river. The foregoing the afore- said contracting parties mutually promise (with God's help) to perform, binding thereto their persons and estates, nothing excepted, submitting the same to the jurisdiction of all lords, courts, tribunals and judges, and in confirmation thereof they have subscribed this with their own hands together with Claes Ripsz and Teunis Slingerlandt, as witnesses hereto called, without fraud or deceit, in Albany, this thirtieth of June one thousand six hun- dred and seventy.
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