USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 46
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M: CREGIER CORNELIS DYCKMAN
As witnesses : Jacob ten Eyck Abram Kip
Quod attestor ADRIAEN VAN ILPENDAM, Vot. Pub
Lease of a farm at Catskill from Marten Gerritsen van Bergen to Gerrit Teunissen Van Vechten and Jonas Vockertsen Douw
[328 and 329 blank ; 330] On this 7th day of March 168" appeared before me, Adriaen van lpendam, notary public residing in New Albany, and before the hereinafter named witnesses, the worthy Maerten Gerritsz van Berghen of the one part and Gerrit Teunisz van Vechten and Jonas Volckertsz Douw of the other part, who hereby acknowledge that in love and friendship they have agreed and contracted in form and manner following, to wit:
500
NOTARIAL PAPERS 1 AND 2, 1660-1606
Said Maerten Gerritsz acknowledges that he has let to said Gerrit Teunisz and Jonas Volckertsz his farm lying at Katskil in the Maise land ( named Quaiack ) comprising the just half of the fore- most piece, with house, barn and orchard, as it is occupied by the lessor. The lessor shall lease therewith eight horses, eight cows and four heifers, a wagon, four extra wheels, a plow, a harrow with iron teeth, and a winnowing fan; the lessees shall likewise possess and have the disposition of all the lessor's claims to the half of Pooteeck as of said farm for the time of the next six years, to commence on the 22d of April 1681 old style and end on the 22d of April 1687. For which said lessees promise to pay to the aforenamed lessor or his order for the first three years, twenty-two beavers yearly, and for the last three years, twenty- five beavers yearly, together with a hundred skipples of maize yearly for the aforesaid six years, the same to be paid punctually every year, at market price.
Respecting the land in seed, of which there is now fifty-one skipples of winter wheat in the ground, this the lessees shall also have, and at the end of said six years they shall be holden to put again as much properly in the ground; and said lessees shall not sow at the end of said time more than two-third parts of [331] said farm or of the foremost parcel and if there shall be more than 51 skipples sowed, the lessor shall make good and pay to the lessees for the excess according to the appraisal of impartial men; the fence which is now there the lessees shall take at an appraisal and deliver up the same subject to valuation.
The lessor promises to build a rick there this present year and to have doors made for the barn, and the lessees promise to make all the repairs during the lease at their own expense and at the end of the lease to deliver up all, roof and wall tight; in case of general war ( from which may God protect us) the loss shall fall upon the lessor; but in case of burning occasioned by the lessees' fire the loss shall be the lessees'; and all that according to inventory is delivered to the lessees, they shall be holden to return in good and proper condition. . And they shall have the horses and cattle on the same conditions on which the patroon of the colony lets his horses and cattle, provided that the lessees shall not sell, exchange or let them without consent of the lessor.
The aforesaid contracting parties hereto bind their persons and estates, real and personal, nothing excepted, subject. to all lords, courts, tribunals and judges.
510
EARLY RECORDS OF ALBANY
In witness whereof they, namely the lessor and the lessees, jomtly and severally as principals, have subscribed this with their own hands for the full performance of the aforesaid conditions, in New Albany, on the date above written.
MAERTEN GERTSEN
This is the mark X of GERRIT TEUNISZ VAN VECHTEN, made with his own hand JONAS VOLCKERSZ DOUW
As witnesses :
Dirck Wesselss
This is the mark + of Tierck Harmanss,
made by himself
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Terms upon which Zacharias Sickels agrees to herd cattle at Albany
[332] Terms and conditions upon which certain citizens of Albany wish to contract for the herding of their cattle.
First, the herder shall be holden to tend the cattle at his own expense as to board and to keep a suitable youngster with him to look after the cattle; he shall begin to drive them out on the 6th of April of this year 168t, old style, and shall not leave off before the 6th of November next, old style.
Second, the herder shall blow the horn three times every morn- ing at or before sunrise and then go out with the cattle and the youngster where there shall be the best pasture for the cattle, or where the masters hereinafter named shall order him; and about a quarter of an hour before sunset he shall bring back the cattle near the church.
Third, if one or more of the animals shall happen to die through neglect of the herder, he shall be holden to pay for the same according to appraisal.
Fourth, if the herder be found drinking in any tavern. he shall forfeit ten guilders seawan every time.
Fifth, if one or more of the animals happen to die or be carried away within the first half of said time, then not more than half of the herder's wages shall be paid therefor and that punctually at that time. So likewise all those who deliver their cattle to be herded shall be holden as soon as the half of said time of herding shall
5II
NOTARIAL PAPERS 1 AND 2, 1660-1696
have expired, to pay the half of the stipulated herder's wages to the herder without any delay. At the proper time the herder shall be holden to burn the brush and forewarn the farmers in order that no one may receive harm. The bids are to be in seawan and every one must govern himself accordingly, but the herder may not refuse to receive in payment good wheat at market price, or silver money.
[333] Upon the above-written conditions Zacharias Sickels has agreed to herd the cattle for eighteen guilders seawan for each cow, two heifers to be reckoned as one cow or full-grown animal, with the understanding that he is to render all obedience to the worthy Willem Ketelhuyn and Cornelis Gysbertsz and recog- nize them as his masters and principals in this matter, for which he binds his person and property, real and personal, to the authority of all lords, courts, tribunals and judges. In witness whereof he has subscribed this with his own hand, this 26th of March 1681.
ZACHARIASZ SECKELS WILLEM KETELIIUYN This is the mark C G of CORN. GYSBERTSZ, made by himself Acknowledged before me, ADRIAEN VAN ILPENDAM, Clerk
On this 27th day of March 1682, in accordance with the above- written conditions, said Sacharias Zickels has again undertaken to herd the cattle and shall receive eighteen guilders in seawan for each full-grown animal, or two heifers, and he shall go out with them on the 6th of April 1682 and not leave off before the 6th of November of this year, old style ; but on the express condition that said cowherder shall not refuse good wheat or silver money in payment, reckoned at seawan price, and yield all obedience to the worthy Maerten Crygier, junior and the worthy Jan Salomonsz, accounting them his masters and principals in this regard; thereto binding his person and estate, movable and immovable, subject to the authority of all lords, courts, tribunals and judges. In witness whereof this is subscribed with his own hand.
ZACHARIASZ SECKELS M. CREGIER This is the mark X of JAN SALOMONSZ, made with his own hand
512
EARLY RECORDS OF ALBANY
[334] On this toth of March 1683 (according to the above- written conditions of March 26, 1681) Zacharias Sickels has again taken charge of the cattle at the rate of twenty guilders seawan for every full-grown cow, or two heifers as one cow, but is not to refuse good winter wheat or silver money (reckoned at seawan price ), yielding all obedience to the worthy Willem Gysbertsz and the worthy Faeckel Dircksz, acknowledging them as his masters and principals in this regard ; thereto binding his person and estate, real and personal, subject to the authority of all judges, and has subscribed this with his own hand in New Albany, dated as aforesaid.
ZACHARIASZ SECKELS
Contract of Gerrit van Kulenburgh to serve Jonas Volckertsen Douw for one year
1335 blank; 336| On this 28th day of March 1681 appeared before me, Adriaen van Ulpendam, notary public ( residing in New Albany ), and before the afterwritten witnesses, Gerrit Jansz van Kulenburgh1 of the one part and Jonas Volckersz Douw of the other part, who hereby acknowledge that in love and friendship they have contracted and agreed with each other in manner fol- lowing, to wit: Said Gerrit Jansz acknowledges that he has hired himself to said Jonas Volckersz Douw for the term of a whole year to begin in the latter part of May or the beginning of June 1681, on the day when he shall enter his service, and end on the same day of the same month 1682, during which said time said Gerrit Jansz promises to serve said Jonas Volckersz obediently with all diligence and faithfulness in all proper work; for which service said master promises to pay said servant the sum of twenty-four good, merchantable beaver skins and said master can pay said beavers in good winter wheat at market price. And moreover the master promises to give for said year's service to said servant a new hat, a pair of new shoes and a pair of new stockings, and likewise to have his linen washed free. Hereto said contracting parties bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they
1 Kuilenburg, or Culemborg, in the province of Gelderland.
NOTARIAL PAPERS I AND 2, 1600-1696 513
have subscribed this with their own hands without fraud or deceit, in New Albany, on the date above written.
JONAS VOLCKERSZ DOUW
This is the mark X of GERRIT JANSZ VAN KULENBURGH, made with his own hand
As witnesses :
This is the mark X of Jan Cornelis
V'yselaer, made with his own hand
Jacob Tehunissen
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Deed of exchange between Dirck Wesselsen and Gerrit Teunis- sen and Jochem Lammersen of lands at Kinderhook
[337 blank ; 338] On this 7th day of April 1681 appeared before me, Adriaen van Ilpendam, notary public residing in New Albany. and before the underwritten witnesses, the Honorable Dirck Wes- selsz1 and Gerrit Teunisz2 of the one part and Joachim Lambertsz of the other part, who hereby acknowledge that in love and friend- ship they have agreed in form and manner following: First, Dirck Wesselsz and Gerrit Teunisz acknowledge that they have exchanged with Joachim Lambertsz a certain parcel of land lying on the Kinderhoecx kill, lying to the east of said kill as the flat lies within its bounds,3 for which Joachim Lambertsz gives his plantation lying to the south of the Groote Stuck+ where he now dwells, with house, barn, orchard and farmland, just as it came to him from Jan Heyn- dricksz Bruyns and furthermore all the rights which he received therewith and which he has possessed till this date, and in addition Joachim Lambertsz promises to give thirty whole, merchantable beaver skins at eight guilders apiece to be paid in five instalments, the first ( being a just fifth part) to be paid in the month of Feb- ruary 1683, and so on the following years in the month of February from year to year punctually ; but Joachim Lambertsz may pay the same in good grain at market price to be delivered here in New Albany free. Likewise Joachim Lambertsz must deliver to Dirck Wesselsz and Gerrit Teunisz an absolute conveyance of the above- named plantation on the first of May 1682, and Dirck Wesselsz and Gerrit Teunisz promise to deliver to Joachim Lambertsz an
1 Dirck Wesselsen ten Broeck.
2 Gerrit Teunissen van Vechten.
Circum-valatie; literally, circumvallation, probably referring to the natural boundary formed by the creek.
4 The "Great Piece," or "Great Field."
17
514
EARLY RECORDS OF ALBANY
absolute conveyance so soon as the last payment shall be made [339] Hereto the aforesaid contracting parties bind their persons and estates, movable and immovable, present and future, nothing excepted, subject to all lords, courts, tribunals and judges. In con- firmation of which, in presence of Claes Ripsz van Dam and Livinus van Schayck, called as witnesses hereto, they have subscribed this with their own hands in New Albany, dated as above.
DIRCK WESSELSZ This is the mark X of GERRIT TEUNISZ. made by himself
As witnesses :
Claes Ripsen van Dam Lierynis van Schaick
Quod attestor ADRIAEN VAN H.PENDAM, Not. Pub.
Contract of sale of land at Kinderhook from Dirck Wesselsen and Gerrit Teunissen to Pieter Vosburgh
[340] On this 7th day of April 1681 appeared before me, Adriaen van Upendam, notary public residing in New Albany, and before the hereinafter named witnesses, the worthy Dirck Wesselsz and Gerrit Teunisz of the one part and Pieter Vosburgh of the other part, who hereby acknowledge that in love and friendship they have contracted and agreed in manner following, to wit : Dirck Wesselsz and Gerrit Teunisz acknowledge that they have sold and Pieter Vosburgh that he has bought a certain parcel of land lying on Kinderhoeex kill, to wit, a large flat lying to the west of said kill and a little strip of land lying on the east side of said kill. directly opposite the large flat : this Ett'e strip of land is situated to the south of the land that was bought by Joachim Lambertsz and to the north of the land that was bought by Christoffel the Frenchman and the large flat is situated to the south of the land of Matit-Nemenau and to the north of the strip that Dirck Heyndriesz bought of said sellers.1 For which said buyer promises to pay to
1 Dit strokie Landis is belent ten Zuyden vant Landt dat Joachim Lambertse gekoght heeft en ten Noorden belent vant Landt dat Christoffel de fransman gekocht heeft. lende de groote Flackte is belent ten Zuyden. van het Landt can Matit-Nemenau, ende ten Noorden van het Strookie nat Dirck Heyndriess van dito Verkoopers gekoght heeft, which was translated by Professor Pearson: " this little strip of land is bounded on the south by the land that Joachim Lamberisz has bought. That this interpre- lation is wrong appears from the patent to Dirck Wesselsen and Gerrit Teunissen granted on March 25, 1680. for four flats or plains on both sides of the Kinderhook creek, which are described as "Iveing to the North (i the Land that Ian Bruyne De Pompoen hath bought and to the South of the Land of Mattit Neminaw."
515
NOTARIAL PAPERS I AND 2, 1660-1696
said sellers the sum of one hundred and forty good, merchantable beaver skins, at eight guilders apiece, in six instalments, of which the first payment was due in the month of February 1681, inasmuch as the land was sold as early as December 1679, but [the sale] not recorded till now on the date hercof ; the second payment is to be made in the month of February 1682 and so on from year to year promptly in the month of February, cach year a just sixth part ; but the buyer may pay said beavers in wheat, peas, oats, or buck- wheat at beaver's price as the market ranges at the time of payment, the same to be delivered free here in Albany to the sellers or their order. Hereto the [341] contracting parties bind their persons and estates, real and personal, present and future, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation whereof they have subscribed this with their own hands (in pres- ence of Claes Ripsz van Dam and Lievynus van Schayck, called as witnesses hereto) in New Albany, dated as above.
DIRCK WESSELSZ This is the mark X of GERRIT TEUNISZ, made with his own hand PIETER VOSBURG
As witnesses :
Clacs Ripsen van Dam Lievynis van Schaick
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease of land in the colony of Rensselaerswyck from Gerrit Teunissen van Vechten to Maerten Cornelissen Vlas
[342] On this IIth day of April 1681 appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the hereinafter named witnesses, Gerrit Teunisz van Vechten of the one part and Maerten Cornelisz Vlas of the other part, who hereby acknowledge that in all love and friendship they have con- tracted and agreed in manner following, to wit: Gerrit Teunisz acknowledges that he has let to Maerten Cornelisz a certain parcel of land lying in the colony of Rensselaerswyck, to the south of the
510
LARLY RECORDS OF ALBANY
farm which Claes van Petten1 now occupies, with all the rights which said lessor has therein ( according to the patent granted him by the Right Honorable the Governor General Edmond Andros )" for the term of fourteen consecutive years beginning on the first of May of this year 168t and ending on the first of May in the year 1095; for which the lessee promises to deliver to the lessor a house twenty five feet long by twenty-two feet wide, under which there is to be a cellar fifteen feet square, sheathed with oak slabs. and also to repair the barn and make it fifteen feet longer. The said lessee promises to deliver the said house and barn to the lessor, roof and wall tight, in lieu of rent, but if by general war. fire, ice or Hoods (from which may God protect us) the house and barn be destroyed, the lessee shall not be liable for the damage, but in case of fire caused by the lessee himself, he shall be bound to make good the loss. The fencing now standing on said land shall be appraised by impartial persons and at the end of said four- teen years the fencing shall again be appraised and whatever more or less it shall be valued at shall be adjusted between the lessor and the lessee. At the expiration [343] of said lease the lessee may leave in the ground twenty-five skipples of winter wheat, for which the lessor shall have to pay according to appraisal. Hereto a'd contracting parties bind their persons and estates, real and personal, present and future, subject to all lords, courts, tribunals and judges. In witness whereof they have subscribed this with
1 Claes Fr dericksen van Petten, who settled in 1664 in Schenectady, where 1n 1008, with Cornelis Cornelissen Viele, he bought a farm of Marten Cornelissen van Ysselstein. See Parly Records of Albany, 1:449 51, and History of the Schenectady Pitent, p. 185 87, where an account of him is given but no mention is made of his occupancy of the farm referred to in the present les
" The only patent by Governor Andros to Gerrit Teunissen van Vechten for land that could be described as being in the color of Rensselaerswyck seems to be that of September 20, 1077, for ".A piece of spland and Swamp lying to ye Southward of Albany, which by my order hath beene layd out for Lientent Garritt Tunniss, in consideracon of his severall Services with " Indyans, & particularly being Imploved and sent out During yo late troubles, ye said land being to ve Southward of y" Plantacon " said Garritt Tunnisse now lives ypon." Though the expression "to ye Southward of Albany" would seem to imply that the land was on the west side of the Hudson river, it appears from certain patents relating to lands at Cleverack and Kinderhook that the same expression was also used for 1. il on the cast side of the river, so that in this case the patent may refer to land to the south of Gerrit Tennissen's farm near the Will ereck, in the present town of East Greenbush. Rensselaer county, N Y. In either case, the granting by Governor Andros of land within the colony of Rensselaerswiet at a time when the Van Rensselaers were striving hard to obtain a manori.d rant from the Duke of York, is interesting.
517
NOTARIAL PAPERS I AND 2, 1660-1690
their own hands (in presence of the Honorable Dirck Wesselsz and the Honorable David Schuyler, called as witnesses hereto ). clated as above.
This is the mark X of GERRIT TEUNISZ VAN VECHTEN, made with his own hand This is the mark X of MAERTEN COR- NELISZ VLAS, made with his own hand
As witnesses : Dirck Wesselss Davidt Scheuler
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale of a brewery and house and lot at Albany from Pieter Lassen and Sybrant van Schaick to Gerrit Bancker
[344] On this 19th day of April 1681 appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the underwritten witnesses, Pieter Lassingh and Sybrant van Schayck of the first part and Gerrit Bancker of the second part, who hereby acknowledge that in all love and friendship they have contracted and agreed in manner following, to wit: Pieter Lassing1 and Sybrant van Schayck acknowledge that they have sold to said Gerrit Bancker their brewery and dwelling house and lot and all their rights which they hitherto have had therein, together with the brew kettle, tubs, coolers and all the barrels which are marked with three rings, and a horse and harness and furthermore all that belongs to the brewery, and which the sellers own in company without exception ; which the said sellers promise to deliver on the first of June of this year 1681; for which said buyer promises to pay the sum of one hundred and eighty good, whole, merchantable beaver skins at eight guilders apiece and failing of such beavers, the buyer may pay in good, heavy beavers at six guilders a pound, all to be paid next August of this year; further- more the buyer shall be holden to take all the hops which shall be in the brewery on delivery of said house and brewery, paying therefor as much as the sellers paid for them, likewise in August of this year. Hereto said contracting parties bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals
1 Pieter Pietersen Lassen.
518
EARLY RECORDS OF ALBANY
and judges and they have subscribed this with their own hands (in presence of Adriaen Gerritsen and Asser Levy van Swelm,1 called as witnesses hereto), in New Albany, dated as above.
PYETTER PYETTERSEN SYBRANT VAN SCHAICK GERRET BANCKEN
Is witnesses : Adriaen Gerretsen Asser Levy van Stellem Quod attestor
ADRIAEN VAN ILPENDAM, Vot. Pub.
Lease of a house in Albany from Annetie Schaets to Jan Cornelissen van der Hoeven
[345 blank ; 346] On this 10th day of June 1681 appeared before me, Adriaen van Ilpendam, notary public ( residing in New Albany ), and before the hereinafter named witnesses, Annetie Schaets of the one part and Jan Cornelisz vander Hoeven of the other part, who acknowledge that in all love and friendship they have contracted and agreed in form and manner following, to wit: Said Annetie Schaets, wife of Thomas Kyckebul, acknowledges that she has let a certain house and lot (standing and lying near the church here in New Albany) to said Jan Cornelisz van der Hoeven for the term of the next four years to commence from the first of May this year 1681 and to end on the first of May 1685; and the said lessor promises in said term to make proper repairs therein : for which the said lessee promises to pay as rent the first two years eight good, whole, merchantable beaver skins, to wit, four beavers each year, and for the third and fourth years six whole beavers a year, to be paid each year punctually. Hereto said contracting parties bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation of which they have subscribed this with their own hands (in presence of Jacob van Noortstrant and Frans Jansz Pruyn, called as witnesses hereto), in New Albany the soth of June 1681.
ANNA SCHAETS JAN CORNELISSE VANDER HOFF
As witnesses : Jacob van Nordstrant Frans Jansen Pruyen
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
1 Probably the town of Schwelm, in Westphalia.
519
NOTARIAL PAPERS I AND 2. 1660-1696
Contract of sale between Pieter Winne and Hendrick Marten- sen of one-half of a sawmill at Bethlehem
[347 blank ; 348] On this 27th day of June 1681 appeared before me, Adriaen van Ilpendam, notary public ( residing in New Albany ), and before the hereinafter named witnesses, Pieter Winne of the one part and Heyndrick Maertensz, of the other part, who hereby acknowledge that in love and friendship they have contracted and agreed in manner following, to wit: Said Pieter Winne acknowl- edges that he has sold and said Heyndrick Maertensz that he has bought a half of a sawmill at Bethlehem with the half of all the implements now there, nothing excepted ; likewise, the seller must deliver therewith two new saws and promises to deliver all the above "said to the buyer in the month of October next coming, of this year 1681 ; for which said buyer promises to pay to said seller or to his order the sum of eighteen hundred good, merchantable inch pine boards, to wit, in two payments, the first of which (being the just half) must be made in the year 1682 and the second or last payment in the year 1683; but the lease of the waterfall shall begin for the buyer from the first of May 1682. The buyer shall be holden to saw the logs which the seller now has at the mill for the profit of the seller, provided he receive proper pay therefor, and in case during the time said logs are sawing anything shall happen to break either in mill or implements, the said seller must make good the same at once, to wit, the running gears. Further- more it is stipulated that Heyndrick Maertensz (so soon as his term for the mill begins) shall be holden to cut and saw all the timber ( that shall be sawed in partnership in said mill) and pro- vide a man to draw the same. on condition that the seller be holden to provide four horses and all the implements and feed for the horses and deliver the boards on the bank; and whatever must be done on the mill shall be done by the buyer and seller jointly. And in case one of the two partners be inclined to sell said half mill and implements. the other shall have the preference, and if [349] they can not agree about it, then it shall be appraised by two impartial men.
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