USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 6
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Ian Iansen van Eeckel 1 A: Appel
This mark X was made by ALBERT GYSBERTSZ, aforenamed
D. V. SCHELLUYNE, Not. Pub. 166I
Contract between Jean Labatie and Cornelis Cornelissen van Voorhout for the sale of the fence and hogpen on Labatie's farm opposite Castle island
[62] This day, the 8th of February 1661. appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Jan Labatie of the first part and Cornelis Cor- nelisz van Voorhout of the second part who acknowledged, the aforesaid Labatie that he had sold, and he, van Voorhout, that he had bought of him, all the palisades and all the fencing standing around the farm lying over against Custeels eylant (Castle island) in the colony of Renselaerswyck, with the hogsty thereon standing, to him, Labatie, belonging; for which the buyer promises to pay to the seller cash down or at the first opportunity one hundred guilders in good strung seawan, and one year after date a like hundred guilders in seawan, in the coming summer three vims ? of oat sheaves, and in 1663 in February one hundred guilders in
1 The signature looks like ian iansen van ieckel, but is probably intended for van ceckel, as elearly written on page [226]. His wife was Gisseltie Alberts, a daughter of Albert Andriessen Bratt.
2 One vim = 104 to 108 sheaves.
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EARLY RECORDS OF ALBANY
good winter wheat reckoned at twenty guilders the mud.1 For the faithful performance of what is above written the parties bind their persons and estates, nothing excepted, subject to all courts and judges. Thus done and executed in the colony of Renselaers- wyck, in the presence of Arien Appel? and Mr Pieter Riverdingh,3 as witnesses hereto called.
.1: . Appel Pieter Ryverdingh
JAN LABATIE This mark X is made by CORNELIS CORNELISZ VAN VOORHOUT, afore- named D. V. SCHELLUYNE, Not. Pub. 1661
Power of attorney from Gregoris Bisschop and Jannetie Hen- dricks to Marcelis Jansen
[63] On this day, the 18th of February 1661, appeared before ine, Dirck van Schelluyne, notary public, and before the hereinafter witnesses, Gregoris Bisschop, as husband and guardian of Jannetie Hendriexsz, his wife, late widow of Claes Mulle, otherwise called Claes de Wael,4 she being present with her said husband, and declared that they, the principals, had constituted and appointed by these presents Marcelis Janssz, the bearer hereof, their special attorney to demand, collect and receive at the Esopus of sundry
1 One mud, or mudde 3.056 bushels.
2 Adriaen Jansen Appel, irom Leiden. He was in Rensselaerswyck as early as 1649 and an innkeeper there, or in the village of Beverwyck, in 1656. In Deeds, 3:306, under date of January 8, 186. he is referred to as "Adriaen appel of ye Toune and County of Albany, Schoolnaster." In spite of this designation and the presence of Adriaen Jansen Appel in Rensselaerswyck as carly as 1649, he is not the schoolmaster who succeeded Evert Nolden in Rensselaerswyck in 1650 or 1651, or the "Meester Adriaen" who on September 1 and 28, 1660, at Beverwyck sued various people for school money, the latter designation, from the connection between varions entries in the court record, pointing unmistakably to Adriaen Jansen van Ilpendam, who was a schoolmaster at New Amsterdam in 1640. That he and Appel. though perhaps both from Leiden, and both schoolmasters, were not one and the same person, is clear from their signatures and from an entry in the Records of New amsterdam, 6:272. in which both Adriaen van Ilpendam and Adriaen Appel are mentioned. Not unlikely, Adriaen Jansen Appel succeeded as schoolmaster Jan Juriaensen Becker, who was a notary public at Albany in 1686, and may himself have been succeeded by Cornelis Bogardus, who was admitted as schoolmaster at Albany on January 23, 1600. 1700. Sce Early Records of albany, 1:10; N Y. Col. Mss. 3:60: 16, pt 3. p 208, 215. Of also I'an Rensselaer Boacier Mss. p. 830. 813.
$ Pieter Ryverdingh, court messenger and clark of Fort Orange and Beverwyck in 1654 55; see Early Records of Albany. 1:209, 224. 4 ( laes the Walloon.
57
NOTARIAL PAPERS I AND 2, 1660-1606
persons dwelling there payment of divers sums due to the said Claes Mulle for wages earned and other matters, according to the accounts and evidences thereof of which authentic copies are placed in the hands of this attorney; therefore, to grant acquittance for receipts, to compel the delinquent to pay by legal proceedings and rigor of justice, to this end all legal steps to observe until judgment and final execution thereof ; likewise to proceed by attachment of persons and estates, and furthermore all things to do and to per- form, either in or out of court, that may be needful and which in the interest of the principals may seem advisable to the attorney, with power also to substitute another person in his place, [the principals] promising to hold as valid whatever may be done by the aforesaid attorney or his substitute, without any contradiction, provided that the attorney shall be holden to make a proper return of his transactions and receipts when required. Thus done and executed in the colony of Renselaerswyck, in presence of Pieter Riverdinck and Robbert Sandersz, as witnesses hereto called.
Pieter Ryverdingh Robbert Sanderss
This mark X was made by GREGORIS BISSCHOP, aforesaid This mark O was made by JANNETIE HENDRICKSZ, aforesaid D. V. SCHELLUYNE, Not. Pub. 166 I
Depositions by Aert Goossens van Twiller, Jillis Pietersen and Jurriaen Jansen about a canoe which was stolen from Cornelis Cornelissen Viele
[64] On this day, the 7th of March 1661, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses. Aert Goossens van Twiller, dwelling in the colony aforesaid 1 being of competent age, who declared at the request of Cornelis Cornelisz Fiele that to his certain knowledge it is true that on the date hereof he with the requirer saw a canoe lying on the shore, hauled up and made fast before the house of Iluybert Jansz, and furthermore that the canoe belonged to the requirer and was stolen from him last harvest, giving as the reason of his assurance that he knows the canoe very well, having used it many times last summer, and that this is the requirer's own canoe ; all of which the deponent is ready to confirm on oath when required. Thus done
1 Rensselaerswyck.
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EARLY RECORDS OF ALBANY
and executed in the colony of Renselaerswyck, in presence of Pieter Adriaensz and Arien Appel, as witnesses hereto called.
AERT GOOSEN TWYLLER
Pieter Adriaen[ss] Sogemacklick
.1: . 1ppel
D. V. SCHELLUVNE, Not. Pub. 1661
Jillis Pietersz declares at the request as above that he saw said canoe last Sunday and that he tried thereon a mast bench which he made last fall at the request of the requirer and that from the fitting of the bench it looks as if it were the same canoe, but that he can not say that it is the same canoe.
Done the 8th of March 1661, in Beverwyck.
JELIS PIETERSZ In my presence, D. V. SCHELLUYNE, Not. Pub. 1661
[65] Jurriaen Jansz,1 having now also examined the aforesaid canoe, declares that it is said Cornelis Cornelisz's own canoe ; that he used to know the same well and even recognized it when it was among the Indians and that he had almost brought it down with him from the Indians because he knew it to be the requirer's.
Done the 9th of March 1661, in Beverwyck.
JURRIEN JANSEN In my presence. D. V. SCHELLUYNE, Not. Pub. 1661
Will of Jurriaen Teunissen Tappen and Wybrecht Jacobs, his wife
[66] In the name of God, Amen. Know all men [by these presents] that on this day, the 17th of March 1661, about ten o'clock in the forenoon, before me. Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, personally came and appeared the worthy Jurriaen Theunisze and Wybrecht Jacobsz's daughter, married persons, dwelling in Beverwyck ( known to me, the notary, and the subscribing witnesses), the aforesaid Jurriaen Theunisz being in bodily health and said Wybrecht Jacoby lying sick in bed, but both of sound and disposing mind
1 Jurri: en Jansen van Icesen?
" Jurriaen Teunissen Tappen, the glazier
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NOTARIAL PAPERS I AND 2, 1660-1696
as outwardly appeared; which persons declared that without inducement, persuasion or influence of any one they had made, ordained and concluded this their joint reciprocal and mutual last will and testament, in manner following :
First, committing their immortal souls, whenever they shall be separated from their bodies, to the gracious and merciful hands of God, their Maker and Redeemer, and their bodies to a Christian burial, revoking, canceling and annulling hereby all and every testamentary dispositions which they heretofore may jointly and severally have made and executed and now disposing anew, they, the testators, inasmuch as they have no children procreated by them living, hereby nominate and institute the survivor of the two [67] as their sole and universal heir to all their estate, real and personal, claims and credits, gold and silver coined and uncoined, jewels, clothing, linen and woolens, household furniture, etc., nothing reserved or excepted of what shall be left behind by the one who dies first, to do therewith as with his or her own property, provided that if the testator happens to die first, the testatrix shall be holden to pay as a legacy to Theunis Pietersz, the testator's sister's son, the sum of one hundred guilders Holland money, and if the testatrix happens to die first, the testator shall pay as a legacy to Jacob Cornelisz and Grietie Machielsz, the testatrix' brother's and sister's children, each the sum of fifty guilders, also Holland money; and furthermore the survivor shall give to the deacons of the village of Beverwyck the sum of five and twenty guilders sea- wan out of the first available means of the first deceased of the two.
All of which that is hereinbefore written the testators declare to be their last will and testament, desiring that the same after the death of the first of them both shall have full force and effect, be it as a will, codicil, donation, or gift in anticipation of death, or otherwise, as the same can best be carried out, even though the formalities demanded by law or custom may not have been fully observed herein.
Thus done and executed in Beverwyck in N: Netherland, at the house of the testators, in the presence of the Rev. Domine Gideon Schaets, minister of the gospel here, and Mr Jacob de Hinsse, Chirurgeon, as witnesses hereto called.
Gideon Schaats, pastor in Beverwyck J. Dehinsse
JUREYAN TUNSEN This mark W J W J was made by WYBRECHT JACOBSZ, aforenamed.
D. V. SCHELLUYNE, Not. Pub. 1661
EARLY RECORDS OF ALBANY
Assignment by Femmetje Albrechts to Daniel Rinckhout of the purchase money of a house and lot to satisfy her creditors, Philip Hendricksen. Pieter Bronck and Adriaen Appel
[68| Femmetie Albrechtsz acknowledges that she owes to Philhp Hendricxsz the sum of three hundred and sixty guilders, to Pieter Bronck one hundred and eleven guilders and to Arien Appel sixty guilders, all to be paid in good seawan; and to satisfy the said creditors, she assigns and transfers to Daniel Rinchout, to be paid to said creditors, whatever he owes her for the purchase and delivery of a house and lot, according to contract executed on the 8th of March anno 1660; which said Rinchout hereby accepting promises to pay to said creditors pro rata ( to each creditor respec- tively in proportion to the aforewritten sums) for so far as he is honestly indebted according to the aforesaid contract, provided that the mortgage of Mr Pieter Hartgers and what is stipulated by said Rynchout in the contract be first satisfied, and the balance which may remain due on settlement of the account she. Femmetie Albrechts, promises faithfully to pay. All of which being done honestly and in good faith, this is signed in Beverwyck in New Netherland, the 18th of March 1601.
This mark X was made by FEMMETIE AELBRECHTSZ, aforesaid DANIEL RINGHAUTT In my presence, D. V. SCHELLUYNE, Not Pub. 1661
Bond of Evert Pels to Jan Bastiaensen van Gutsenhoven
[69 blank ; 70] On this day, the 22d of March 1661, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Evert l'els, dwelling in the colony of Renselaerswyck, proposing to transfer his residence to the Esopus, who acknowledged that he was well and truly indebted to Mir Jan Bastiaensz,1 trader here, in the sum of eighteen beavers, growing out of the purchase and delivery of merchandise by him at different times received, which sum of eighteen beavers, to be reckoned at eight guilders apiece, he promises to pay to said Mr Jan Bastiaensz, or his order, in or before the month of September anno 1002, promptly, without further delay, binding thereto his person and estate, real and personal, present and future, nothing excepted,
1 Jan Bastitensen van Gutsenhoven, the agent of Messrs Momma of Amsterdam.
61
NOTARIAL PAPERS I AND 2. 1660-1696
subject to all courts and judges, promising in default of payment to confess judgment before any high or inferior court where these presents may be exhibited. Thus done and executed in the colony of Renselaerswyck in New Netherland, in presence of Mr Phillip Pietersz Schuyler, trader here, and Jacob Sandersz Glen, as wit- nesses hereto called.
EVERT PELS
Philip Pieterse Schuyler Jacob Sandersen Glen
D. V. SCHELLUYNE, Not. Pub. 1661
Contract between Tjerck Claessen de Witt and Volckert Jansen Douw for the lease of two horses to be used in the Esopus
[71 blank; 72] I, the tindersigned, Tjarck Glaesz,1 hereby acknowledged that I have agreed to take from Folckert Jansz for my use and service a stallion and a mare for the purpose of con- veying the same to the Esopus and of using them there in farming for the space of two following years, commencing on the first of
I Tjerck Claessen de Witt, the ancestor of the well-known De Witt family of Ulster county, whose lineage compiled by Sutherland De Witt, apneared in Olde Ulster, 1905, 1 :313-17, 345-49, 380-82, and 1906, 2:25-28, 58-60, 88-95, 280-86. The first mention of Tjerck Claessen occurs under date of April 24, 1656, in the register of marriages of the Reformed Dutch Church of New York, where he is given as from "Grootholt in Zunderlandt." This place has not been identified. Grootholdt, or Groote Holt, is the name of a small place near Borkelo in the province of Gelderland and also of a forest near Assen in the province of Drenthe, but no district by the name of Zunder- landt is found near either place. G. J. Honig, in a note on Tjerck Claessen de Witt inserted in Algemeen Nederlandsch Familieblad, 1889, 6:47, for the purpose of eliciting information that might connect him with the family of Johan de Witt, the grand pensionary of Holland, suggests that Zunderlandt may refer to Saterland, a small district in Oldenburg, and Schoonmaker, His- tory of Kingston, p. 477, says : "This place is supposed to be Saterland, a dis- trict of Westphalia, on the southern border of East Friesland." Considering, however, that Tjerck Claessen. in a power of attorney to his brother-in-law. Jan Albertsen, of June 9, 1661, printed on another page, speaks of land inherited by him at "Oosterbemus in Oost Vrieslant," and that he had a sister Emmerentje de With, who in the record of her intended marriage at New Amsterdam to Marten Hofman, in 1664, is described as from "Esens in Embderlt.", it seems likely that "Zunderlandt " is a mistake for "Emder- landt" and that Grootholt was located not far from Esens in the northern part of East Friesland. Tjerck Claessen was an inhahitant of Rensselaers- wyck in 1657 and in the spring of 1661 he moved to Esopus. According to Gustave Anjou, Ulster County Probate Records, 1:58, he died at Kingston February 17, 1700 [1700/I], his will, dated March 4, 1687, being proved on March 6, 1700/1: but according to the translation of the will in Olde Ulster, 1912, 8:18-22, it was dated March 4, 1697/8, and proved on December 26, [1710]. See also J. B. Holgate, American Genealogy, p. 103, where mention is made of a power of attorney from Tjerek Claessen to [Marten] Hofman to recover some property for him at "Ezen in Ostenbenzie," apparently intended for Esens and Oosterbemus.
ยท
62
EARLY RECORDS OF ALBANY
May next, the increase from the aforesaid mare to belong one-half to me and the other half to Folckert Jansz, the risk of said horses dying to be mine, to wit, if said stallion happens to die I promise to pay therefor two hundred guilders and if the mare happens to die [I promise to pay] three hundred guilders, all in good beavers reckoned at eight guilders apiece ; or otherwise compensation to be made out of the increase. Furthermore, for the use of said horses, I promise to pay sixty-four guilders, also in good beavers, and for the faithful performance of this agreement ) bind my person and estate, real and personal, present and to come, nothing excepted, subject to the control of all courts and judges. In witness of the truth of which I have caused these to be written and I have signed them with my own hand in the colony of Renselaerswyck, the last day of March anno XVI" and sixty-one.
TIERCK CLASEN In my presence, D. V. SCHELLUYNE, Not. Pub. 166 I
Contract between Tjerck Claessen de Witt and Teunis Dircksen van Vechten for the lease of two horses to be used in the Esopus
|73]] 1. the undersigned, Tjarck Claes de With, hereby acknowledged that I have agreed to take from Theunis Direxsz a stallion and a gekling to convey the same to the Esopus and use them there in farming for the space of one year, commencing on the first of May next, for which Ipromise to pay at the end of the year sixty-four skipples of wheat to be delivered free on a boat at the Esopus, the risk of the horses dying from now on and during the term of the lease to be mine; if the stallion dies I promise to pay the sum of twenty-five good beavers and for the gelding twenty beavers. For the performance and satisfaction hereof I bind my person and estate, subject to the control of all courts and judges. In witness of the truth I have caused these presents to be written and I have subscribed the same with my own hand in the colony of Renselaerswyck, the ist of April 1661.
TIERCK CLASEN In my presence, D. V. SCHELLUYNE, Not Pub. 1661
1 Between 72 and 73 there is a blank page which was originally numbered of
63
NOTARIAL PAPERS I AND 2, 1660-1696
Contract for the repairing and lengthening of the barn of Jan, Barentsen Wemp
[74 blank; 75] On this day, the 21st of April 1661, Jan Barentsen Wemp has engaged Cornelis Woutersz 1 to repair and lengthen the barn which the employer [Wemp] has on the farm of the honorable patroon of this colony and which is known to the contractor, on the following conditions :
The contractor shall repair said barn by laying new sills on one side and setting such posts thereon as the work requires; he shall also put in some new rafters where needed and further make the whole snug and tight. Furthermore, the contractor shall lengthen the barn fifteen feet, making therein two or three bents at the option of the employer and proper bays on both sides ; the end gable to be of planed boards, tongued and grooved as required. The employer shall furnish all the material for the aforesaid work, the old barn to be repaired by the middle of next May and the length- ening of the barn to be completed in the month of October of this year.
For the aforesaid work the employer promises to pay the con- tractor (besides reasonable food and drink during the work) the sum of thirty good beavers, reckoned at eight guilders apiece, [76] or wares and merchandise in place thereof at beavers price, at the option of the contractor, one-half in the month of August next and the other half in the following month of August 1662.
For the faithful performance and fulfilment hereof the parties on both sides bind their respective persons and estates, nothing excepted, subjecting the same to the jurisdiction of all courts and judges. All without fraud, these are signed by the parties in the colony of Renselaerswyck on the date above written.
This mark B I W2 was made by the aforesaid JAN BARENTSZ'S OW11 hand
By me, COERNELIS COERNELISSEN UAN STERRENUELT Jan Labatie
Mees Pieterss Hoogeboom as witnesses
D. V. SCHELLUYNE, Not. Pub. 1661
1 Apparently a mistake ; see signature.
2 The W is written upside down.
64
EARLY RECORDS OF ALBANY
Lease of a house and lot from Jan Barentsen Wemp to Cornelis Bogaert
[77] On this day, the 22d of April 1661. Jan Barentsz Wemp has let and Cornelis Bogaert has hired of him the lessor's house and lot standing and lying on the colony of Renselaerswyck, known to the lessee, for the term of one year to commence on the first day of May next, for the sum of two hundred and twenty-eight guilders, to wit : nine good beavers reckoned at eight guilders apiece and the remainder in good strung seawan. AAnd whereas the afore- said house and lot shall be delivered to the lessee in proper repair, glass-, roof-, and floor-tight, the lessee shall be holden to keep the same in good condition and at the end of the lease to deliver them back in the same state, but accidents and injury unexpectedly hap- pening to the same without the lessee's or his people's fault shall be at the charge of the lessor. For the performance and fulfilment of these presents parties on both sides, each as far as he is con- cerned, bind their persons and estates, nothing excepted, subject to all courts and judges. Done in the colony of Renselaerswyck on the date above written.
This mark B I W was made by JAN BARENTSZ WEMP. aforesaid
Euert Janss Wendel Frans Barenss Postoor
D. V. SCHELLUYNE, Not. Pub.
Bond of Cornelis Cornelissen van Sterrenvelt and Meuwis Pieter- sen Hoogeboom to Jean Labatie
[78]' On this day. the 3d of May 1661, appeared before me. Direk van Schelluyne, notary public, and before the afternamed witnesses, Cornelis Cornelissz van Starrevelt and Meuwis Pietersz Iloogeboom, who acknowledged that they were well and truly indebted to Jan Labatie in the sum of thirty good, whole beaver skins, reckoned at eight guilders apiece, growing out of the pur- chase and delivery of a mare, three years old, and a stallion colt of one winter, received by the subscribers to their content. Which aforesaid sum of thirty beavers they promise to pay in manner following, to wit: on the first day of August next fifteen beavers. and the remaining fifteen beavers on the first day of August 1662.
" Between ;" and " there is a blank page which was originally num- bered 70.
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NOTARIAL PAPERS I AND 2, 1660-1696
promptly each time; to this end binding their respective persons and estates, nothing excepted, subject to the authority of all courts and judges ; and for the greater security for good and prompt pay- ment, Pieter Meuwisz and Jan Roeloffsz, also being present here, have made and constituted themselves sureties, jointly and severally. as principals for the payment of the aforesaid sum, to wit, [79] Pieter Meuwisz for the sum of fifteen beavers for Meuwis Hooge- boom and Jan Roeloffsz, also for the sum of fifteen beavers, for Cornelis Cornelisz van Starrevelt aforesaid, to be paid as above specified, for which they bind themselves as above. Done and executed in Beverwyck in New Netherland, in presence of Hell- drick Jochemsz and Harmen Rutgersz, as witnesses hereto called. JAN LABATIE
COERNELIS COERNELISSEN UAN STERRENUELT
MEES HOOGEBOOM PIETER MEESZ VROOMAN JAN ROELOFSZ Hendrick Jochemss, as witness Harmen Rutgersen
D. V. SCHELLUYNE, Not. Pub. 1661
Bond of Cornelis Cornelissen van Voorhout to Jean Labatie [80] On this day, the 4th of May 1661, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Cornelis Cornelisz van Voorhout, who acknowl- edged that he was well and truly indebted to Jean Labatie in the sum of four hundred and twenty-five guilders in goods or mer- chandise at beavers price, growing out of the matter of the pur- chase and delivery of a brewery, brew kettle, and vat, and appur- tenances, standing on the farm which the purchaser has in use and leased of the director of the colony of Renselaerswyck; which aforesaid sum of four hundred and twenty-five guilders he, the purchaser, promises to pay in three instalments, the first being a just third part of said sum, on the Ist of January 1662; the second, on the Ist of January 1663; and the third on the Ist of January 1664; and in case he happens to deliver some boards in payment, he may do it in summer but not in winter, the purchaser for the faithful performance of the aforesaid contract, binds his person and estate, nothing excepted, subject to the authority of [81] all courts and judges. Thus done and executed in the colony of
3
EARLY RECORDS OF ALBANY
Renselaerswyck, in presence of llendrick Jochemsz and Seger Cor- nelisz, as witnesses hereto called.
FAN LABATIE This mark -. was made by CORNELIS CORNELISZ VAN VOORHOUT, afore- said
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