The annals of Albany, Vol. II. Second Edition, Part 9

Author: Munsell, Joel, 1808-1880
Publication date: 1850-1859
Publisher: Albany : J. Munsell
Number of Pages: 452


USA > New York > Albany County > Albany > The annals of Albany, Vol. II. Second Edition > Part 9


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John Carter and Cobus Van Vorst porters are convened .. before ye common councill to take ye oaths as porters for the city.


Ordered that ye fyremasters goe about and visite each respective house in ye citty, to see if there chimneys and fyrehearths be sufficient , and also that care be taken that ye ladders and fyre hooks be upon there places and in re-


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pare, all which is recommended to ye high constable, Isak Verplank, forthwith to be put in execution.


John Gow is appointed and sworn for fyer master in ye roome of Hend. Beekman. €


Att a Common Councill &c. 6th Nov., 1686.


Whereas there hath been diverse orders published from time to time concerning ye wells and fountains of this city where sundry people rense there cloathes, throw down water and all sorts of filth neer to ye sd wells, and water there horses out of ye pale yt hangs at ye same, and draw water with foule pales ; It is therefore ordered by ye mayor, recorder, aldermen and commonalty of this citty, yt no person whatsoever shall for ye future rense cloathes or throw water or any sort of filth in or near any of the wells or fountains within this city, nor water any horses out of ye pale yt hang at ye same or draw water with. any fowle or dirty pale, upon pain of forfeiture of ye somme of 12s for each offence, one moyety thereof to ye mayor, aldermen and commonality of ye sd citty, and ye oyr moyety to ye use of ye sheriffe, constables, or any oyr person as shall inform or sue for ye same.


Whereas we have received information yt sundrey carmen and oyr persons fetch sand from a topp of ye hill where ye old burying place has been, insomuch yt ye verry coffins are exposed to publke view; ordered yt no carman or other person shall henceforth fetch or digg any sand on ye north side of ye Shennechtady path, upon pain of forfeiting ye some of twelfe shillings for each offence, one moyety [&c. as above].


Nov. 19 .- It being "found inconvenient and that daily disorders and abuses doe increase within this city by people's taking the freedom to sell all sorts of liquor by retaile both to Christians and Indians," without license, it was prohibited to sell by retail in less quantities than five gallons, without license, under penalty of £5 for each offence.


The Lycence for one yt sells by retaile.


Peter Schuyler, Esqr Mayr of ye city of Albany; to ye sheriffe, constables, and ye King's Majes officers, greet-


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ing, know yee yt wee, ye sd mayor, have lycenced and by these presents doe lycence Volkie Pieters to sell wine, rum, and oyr strong drink by retaile in ye house where she now liveth in this citty, both to Christians and Indians, for one whole year next ensuing ye date hereof; provided always shee pay such dutyes and excyse, as by ye laws and statutes of this province are established, and behave herself accord- ing to ye rules and orders of this city, in that behalfe made and provided, in testimony whereof we have caused ye seale of this city to be hereunto affixed, dated ye 22th day of November in ye Reign of our Souvraign Lord James ye .second by ye grace of God, of Engld Scotland, France, and Ireland, king, defender of ye faith.


PR. SHUYLER, Mayor.


Att a Court of Mayor &c., Dec. 28, 1686.


Be it remembred yt ye sd day came before ye mayor's court, John Doe who gave this court to understand and be informed yt Lafleur alias Rene Poupar, of ye county of Albany, yeoman, on ye 23d day of Decemr in ye second year of his majse reign, att his house at ye Stille water in ye county of Albany, did trade and traffique with ye indians, and then and there did bar- ter with sd indians, certain goods and merchandizes, vizt strung wampum, stockings and oyr indian commodities for dear skins and peltry, and did also in his house keep and con- ceale two hundred and thirty-four gilders in strung wam- pum, nine pare of indian stockings, and eight dear skins, contrare and against ye form and effect of severall laws, orders and proclamations in yt case made and provided, whereupon ye said John Doe demands judgment of con - demnation of ye sd 234 gilders, strung wampum, according to ye papers upon sd bunches writt, and nine pare of indian stockings and eight dear skinns, one-third part for ye mayor, aldermen and commonalty, one-third part for ye mayor, and one-third part for ye sd John Doe, and ye sd John Doe doth also demand jugemt of this court against ye sd Lefleur for ye somme of twenty pounds courant money of this province, as a fine for his so trading as aforesaid. Two-thirds thereof for ye behoof of ye mayor, aldermen and commonalty of this city, and one-third part for ye said John Doe.


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Before Dirk Wessels Recorder and Aldermen, Jan. 25, 1686-7.


John Doe's information against Renne Poupar being read, and ye gd Renne Poupar did engage to bring prooffs yt ye wampum was at his house in order to pay the carpenter for ye making of his house, of which he is wanting ; where- upon ye case is put into ye hands of ye jury, vizt : Jan Bleeker, Jan Lansing, Johannes de Wandelaer, David Schuyler, Lawrence Van Ale, Johannes Cuyler, Jacob Lokermans, Melgt Wynantse, Wessel ten Broek, Jan Vinnagen, Arent Schuyler, Antho Lespinard, who being gone out brings in their verdict and fynde it for ye Col. and yt ye deft hath trangressed ye law in having zewant - and stockings in his house.


The court haveing considered ye case doe approve of ye verdict of ye jury, and give judgemt against ye 234 gl. in zewt and 9 pare of stockings founde in his house, one-third for ye mayor, one third for ye mayor, aldermen and com- monalty, and one-third for ye informer ; and moreover as an fine ye somme of forty shillings courant money of this province, two-thirds thereof for behooff of ye mayor, aldermen and com- monality of this citty, and one-third for ye informer with costs of sute.


Rene Poupar gives in a petition, and setts forth yt he being a stranger, did not know yt it was prohibited to have strung wampum in his house, doth therefore pray yt ye wam- pum seized by the sheriff may be restored, and ye fine of forty shillings remitted.


The court deferrs ye bussinesse till ye mayor comes home.


Same day (see above) Richard Pretty, sheriff of ye said citty giveth this court to understand and be informed, Arent Schulyer of this citty, trader, sometime in Decemr. last, at his dwelling house in this citty, did affront and abuse ye fyre-masters and constables who were sent by speciall order and commission from ye court of mayor and aldermen, to view ye chimneys and fyre-hearths, and notwithstanding his being warned that his chimney was fowle and was desyred to clean it against next day yt they came again, affronted them and threatened to beat them, with divers oyr base words and actions. It is therefore considered by ye court yt ye sd Arent Schuyler doe pay as a fine, ye somme of forty shillings cou-


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rant money of this province, and yt he pay for his costs and charges £2 0 4 like courant money for his costs and charges of prosecution at ye discretion of ye sd court.


Since it is very requisite yt there be fyre-wood rid to ye in dian houses for ye indians' accomodation and ye traders be- ing founde negligent in rideing ye same according to former custome, you are hereby required in his majst name to charge and command all ye indian traders of this citty, that in ye space of 14 days they ride wood according to ye list wh shall be made by John Johnse Bleeker, Jan Lansing, Robt. San- ders and Arent Schuyler, to ye sd indian houses, and give an acct to you of each load they so shall ride to ye indian houses aforesd upon ye penalty of each person, if they shall be negligent, to pay as a fine one ps. of §, and yt yu are in no ways to ommitt in doeing whereof this shall be yre suffi- cient warrant, dated in Albany ye 24th day of February, 1686-7.


To Isaak Verplank, high constable of this city.


Att a Court of Mayor, &c., April 11, 1686-7.


Ordered that there be a pounde made upon ye plain for ye use of this citty and precincts thereof, to put all horses, cattle, hoggs and sheep therein, that any ways are founde trans- gressing in any corn, pastures, orchards, gardins and oyr lotts, according to law, and ye constables to have ye keeping thereof.


Jacobus Van Vorst, Wm Gysbertse and Joseph Yetts, were admitted carmen, and had the following Lycences granted them : Pr Schuyler, mayr of ye city of Albany, sends greeting in our Lord God everlasting; know yee yt wee ye sd mayor, of good and credible report, to us made by diverse credible and honest persones, yt Jacobus Van Vorst one of ye porters of this citty, is a man meet to keep a cart and be one of ye carters of this city ; have licenced, allowed and admitted, and by these presents doe licence, allow, and admitt ye said Jacobus Van Vorst to be one of ye carters of this city, so yt ye said Jacobus Van Vorst doe not deny any body to ride or cart for them when he is not employed about ye porter's employment, and to behave himself according to ye rules


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and orders of this citty, in that behalf. made and provided, - in testimony whereof we have caused ye seale of ye said citty to be hereunto affixed, dated ye 19th day of April, 1687, in ye 3d year of his majst reign.


Whereas some of ye inhabitants of this city have been wanting in ye makeing up their proportion of ye stockadoes about ye fort upon the hill, by wh means ye fort can not be repaired, you are hereby required in his majts name to cause them of your compe yt have not wrought and performed there part at ye setting up of ye stockadoes, forthwith to sett them up yt ye fort may be finished, in doeing whereof this shall be to yu a sufficient warrant, Actum in Albany, ye 25th day of May, 1687.


Att a Court of Mayor &c., June 14, 1687.


Ordered by ye court yt ye captns of ye respective com- panies doe warn ye people under there command to keep a watch every night in ye city till further order.


Orderd also yt ye sergeants of ye respective companies goe about to raise a half years sellary for ye ratel watch.


[Mrs Elizabeth Van Dyck, relict of Cornelis Van Dyck, applied for an appraisement of the estate.]


At a Common Council, &c., Aug. 27, 1687.


The business concerning ye tax or rate being taken into consideration, is put to ye 'vote whether ye publike charge of ye citty should be defrayed by an assessment or rate upon ye inhabitants or not, and they that voted for a tax or assessment are,


Pr. Schuyler, mayor,


Albert Ryckman,


Dirk Wessels, recorder, Hend. Cuyler,


Johannes Wendell, Gert Ryerse,


Adrian Gerritse,


Myndt Harmense.


Levinus Van Schaik,


And they yt voted to sell of ye lands belonging to ye city at Tionondoroga &c., are,


Wm. Claese, Luykas Gerritse, Jan Andriese.


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Att a Court of Mayor &c., Oct. 14, 1687.


The returns of ye aldermen for ye 3 respective wards, for choosing of new ones being made, and for ye first ward are chosen Hend. Cuyler, Johannes Wendel; for ye 2d ward Levinus Van Schaick, Jan Jans Bleeker; for ye 3d ward David Schuyler, Albt Ryckman. And for ye common councill men are choose for ye first ward Reynier Barents, Jacob Staas, for ye 2d warde Johannes Cuyler, Wm Claese, for ye 3d warde Garrit Van Nesse, Gert Ryerse ; and were sworne in there respective offices accordingly, except Capt. Wendel and Capt. Bleeker.


By the court of Mayor and Aldermen of ye citty of Albany


Whereas ye selling of drink at unreasonable hours at night is founde inconvenient especialy at this juncture of time, ye court doe therefore hereby strictly charge and command yt none of ye inhabitants of this city or county thereof doe presume to sell any strong drink, beer, syder or other liquor to any person whatever after ye Taptoo upon ye penalty of forfeiting ye somme of tenn shillings every person yt shall be found drinkeing in ye house, and if any citizen or in- habitant of this citty doe presume to suffer people to drink in their houses any drink fetched from ye tavern or any other places, ye master of yt house shall pay for every person yt he shall so admitt to drinke in his house after ye Taptoo aforesaid, ye somme of six shillings courant money of this province.


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And whereas divers persons were warned last year to ride a load of fyrewood to ye watch house, have been negligent in doing ye same; all persons are hereby warned yt have not brought ye load of wood accordingly, yt they bring or cause to bring ye same to ye guardhouse in ye space of 8 days, else it shall be brought from there yards upon there cost and charge and moreover pay a fine of 2s, and if there be no wood in there yards a load of wood shall be brought upon there charge and brought to ye garde. Dated in Albany ye 17th day of Oct. 1687.


ROBERT LIVINGSTON.


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May 23, 1688 .- Isak Verplank, high constable, and Benony van Colaer, Evert Wendel Junr., and Johannes de Wandelaer, constables, were dismissed, and thanked for their good service.


And Benony van Corlaer was sworn high constable for ye ensuing year, and Pr. Davidse Schuyler and Johannes van Sante sworne as constables, and Evert Banker.


Oct. 14, 1688 .- The returns for ye aldermen of ye citty of Albany for ye ensuing year, were, for aldermen,


Johannes Wendell, Levinus van Schaik, for ye first ward. Jan Jansz Bleeker, Jan Lansing, second ward.


Albert Ryckman, David Schuyler, thirde ward. And for ye common councill or assistants,


Reynier Barrentse, Evert Banker, 1st warde.


Johannes Beekman, Isaak Verplanke, 2d warde.


Johannes Abeel, Johannes Mingael, 3d warde. Who were sworn in their respective offices accordingly. For constables this ensuing year : Johannes van Sante, high constables, Phill. Foreest, 1st warde; John Nack, 2d do ; Wessels ten Broek, 3d do.


November 27, 1688 .- Anthony Lispenard peticons ye court yt order might be taken to pay ye funerall charges of Mons. Salvay, a Frenchman of Canada, who dyed at his house in June last, since he is daily troubled with people who demand ye money of him . [The effects of deceased ordered to be sold to pay charges.]


Ordered yt John Van Loon, late coroner of this citty; deliver ye papers of Adrain van Ilpendam, notary publike, deceased, to Robert Livingston, towne clerk, in order if any persons are minded to have copies of those instruments they may have them.


The last will and testament of Adrian Gerritse Papen- dorp, in his life time burger and inhabitant of this city, is brought into court by Johannes Abeel, and proved by ye oaths of Jan Janse Bleeker and Johannes Lansing, wit- nesses thereto, and his wife Jannetie Croon, therein named, was approved to be heir and executrix to ye sd will. Ordered yt ye will aforesd be translated and recorded, and she referred to his excellency Sir Edm. Andross, Capt. Gen. and Gov. in Cheeffe of his Majs. territory and domi- nion of N. England, for further confirmation of ye probate thereof.


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June 5, 1688 .- Adam Vrooman doth petition ye com- mon council yt whereas Rode ye Maquase sachem, for di- verse considerations hath about three years agoe granted him two flatts or plains upon both sides of ye Maquase river above Hend. Cuyler's land, containing about eleven morgen, wh said land he doth presume is included in ye grant given to this citty and inserted in their charter and therefore prays yt ye mayor, aldermen and commonality would be pleased to grant him a conveyance for ye sd two parcells of land lying neer ye stone house, so called by ye Indians, as you goe to ye Maquase country, and 40 acres of wood land adjoining them, which would be a convenient settlement for ye sd Adam Vrooman, and is willing to pay a small acknowledgement for ye same yearly. [The lands were granted, consisting of sixty-two acres, for a yearly rent of two bushels of winter wheat, conditioned that he should build a small house on it and plow a part of the land the next spring.]


Whereas Pr Schuyler and Robt Livingston did stand engaged to Capt. Andrew Bowne for ye somme of eighty- three pounds fifteen shillings with ye interest a ten per cent from ye 22d of July, 1686, which they now necessi- tate to borrow, towards ye payment of ye charter, we whose names are underwritten doe hereby engage to in- demnify and bear harmless ye sd Robt Livingston his heirs, executors, administrators and assigns, from any damage yt he might incur by paying of ye sd somme or any part thereof; and whereas Pr Schuyler mayor and Johannes Cuyler one of ye assistants doe engage to satisfy and pay Capt. Andrew Bowne ye sd somme of £83 15s. with two years interest, at ten per cent, we whose names are here- unto subscribed doe for our selfs, our heirs, executors, ad- ministrators and assigns, oblige our selfs to pay or cause to be paid unto Mr. Pieter Schuyler, mayor, and Johannes Cuyler, in ye space of a year after ye date hereof each of us severally ye somme of seven pounds three shillings and six pence, with our proportion of a year's interest, if ye sd mayor shall have occasion to take up ye money to pay sd Capt. Bowne, that is each a fourteenth part ; for ye pay- ment of which, well and truly to be made, we bynde our selfs our heirs, executors, administrators and assigns, and


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every of them, firmly by these presents, as witness our hands in Albany, ye 23d day of July, 1688.


Signed by ye mayor, recorder, ye 6 aldermen, and 6 assistants.


December 4, 1688. Upon application of Dom Gode- vridus Van Dell who gives ye court to understand yt by ye testimony of divers antient inhabitants ye kings high way went formerly to ye westward of ye great pasture by ye Beverskill along Shermerhorns pasture and not over ye same as ye open way between Shermerhorns pasture doth sufficiently evidence doth therefore desyre yt ye high way may be orderd to be as it was formerly where it may be laid out very conveniently : or if yr worsps juge more convenient yt the high way be kept throw ye pasture as it has been admitted this last summer, then ye sd Dom Dellius requests yt ye old highway which lyes without ye pasture to witt from ye Beverskill or creek to ye end of Shermerhorns pasture may be added to ye great pasture.


The mayor, recorder and aldermen doe juge it com- modious and requisite, yea absolute necessary yt ye highway be forever throw ye great pasture, and not where Dom Del- lius alledges ye old path went formerly, and doe therefore after mature consideration grant yt ye old highway from ye Beverskill to ye end of Shermerhorns pasture be joyned to ye great pasture, and yt whoever hereafter shall posess or enjoy ye sd great pasture may freely inclose, keep and enjoy ye sd old highway for ever, and Mr. Marte Gerritse one of his majestys justices of ye peace, who joyns with sd pasture declares yt he doth relinquish all claim and pretence which he might or could pretend to ys sd highway for him and his heirs for ever.


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Att a Mayors Court &c., Dec. 11th, 1688.


Dome Gideon Schaets doth by Bennony Van Corlaer produce into court ye last will and testament of his decased wife, Barentie Hendricks, dated ye 26th Oct. 1688, whereun- to were wittnesses Paulus Martense and John Harris, who being called, declared upon oath that they see ye sd Barentie


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Hendrickse in good and perfect memory and in sound under- standing when she signd and sealed sd will. Ordered yt ye sd will be translated and recorded accordingly.


Whereas divers complaints have been made concerning ye bakers who sell there wheat bread at such dear rates, not withstanding ye cheapness of ye corn. Ordered yt ye bakers and whatever .persons who expose bread to sale in this city doe take no more than one penny, half-penny or five stuyvers zewant for a loaf of fine wheat bread, which must weigh one pound English weight and ye same finenesse as hitherto they have made, which order to continue for ye space of one whole year after ye date hereof or further order.


It is further orderd yt no persone whatever presume to cutt down any of ye townes old stockadoes" till ye spring, when new ones is to be putt in ye room, upon pain and penalty of ten shillings.


Whereas great inconveniences and confusion doth arise by divers persones assumeing to themselfs ye liberty to make use of ye towne ladders for there owne occasion which were made for ye citys use in time of need, in so much that verry few are to be found in there places where they were first ordained : It is therefore ordered by ye mayor and aldermen yt ye fyre masters doe inspect into ye condition of sd ladders and fyrehooks yt they be in good condition and repare, and yt in some convenient place of each ward there be at least 2 good ladders of 25 foot, and 2 of 15 foot with iron hooks, fast to ye ladder and 2 fyrehooks which will make 12 ladders and 6 hooks for ye 3 respective wards, and whatever ladders . or hooks shall be founde over and above ye sd number ye fyremasters are to take care they be hung at ye church. It is further orderd yt no person or persons whatever pre- sume to take or use any of ye sd ladders without leave of some one of ye fyremasters for ye time being, upon ye for- feiture of one shilling courant money of this provence, but if he ask leave of any of ye fyremasters ye person using ye sd ladder shall pay 2d. per diem.


It is ordered likewise yt ye constables, together . with John Gow, Anthony Lespinard, Melgert Wynantse and Hend. Bries fyremasters for ye ensuing year, joyntly see ye above sd orders put in execution and frequently visit the


Annals, ii. 9


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houses and hearths of this city, if that they be without dan- ger and sufficient and if any be founde deficient or there chimneys fowle they shall pay as a fine ye somme of three shillings courant money of this province.


At a Common Council, &c, Dec. 11, 1688.


The mayor, aldermen and commonality of ye city of Albany having taken into consideration ye burger or small pakt hath been paid by ye inhabitants of this towne time out of mind towards ye defraying of ye publike charge thereof, which sd packt or excise is continued by his excellency ye govr for ye space of two years, upon ye mayors and aldermen's request ; and whereas many frauds are committed by ye merchants and inhabitants of this citty by selling their rom and oyr liquor without acquainting ye towne treasurer there- with, or using ye sworn porters to house ye same, it is there- fore hereby ordered that no inhabitant of this city do pre- sume to take or receive into their houses any rom, wyne, beer, or other excysable liquor, above ye quantity of five gallons, or that hath by ye antient custome of this citty hes been liable to pay ye sd burger packt, without ye sworn por- ters, and before they fetched a note of ye treasurer of this city, of the quantity which they so have purchased, in order yt ye excyse may be collected accordingly. And if any mer- chant who shall receive rom in order to dispose of ye same, shall refuse or deny to give an account to ye towne treasurer how he hes disposed of his sd liquor, or who can not give a just acct thereof ye sd mercht or merchts shall be lyable to pay ye excyse for ye liquor whereof he can give no such ac- compt. And in case any person is found to take or receive any rom, wine or beer, or other excysable liquor into his house without ye sworne porters or a note of ye tresurer, they shall be lyable to pay as a fine to ye citty ye somme of six shillings for each anker or tenn gallons which they so shall take or receive into their houses or sellers as aforesaid.


It was also determined at this sitting to demand 18d " courant money of this province" for the acknowledgement of conveyances before the mayor, recorder or aldermen. . James Parker was allowed 50s. per annum as marshal. The will of Carsten Frederikse was produced by his widow


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Tryntie Warners, and proved by Evert Janse, the other witness, Stoffell Janse, being dead.


Att a mayors Court &c., Jan. 15, 1689.


Anthony Lespinard was appointed by ye mayor and aldermen to be viewer of corn in this citty, and took his · oath accordingly, and is to have for each time he is desyred to view ye same 9d if ye corn be good of his yt receives, and if bad or not merchandable by yt delivers.


Forasmuch as it is thougt convenient yt ye stockadoes be removed from ye place where they now lye and planted rounde this city where ye old stood, and since it can not well be effected without due order be taken yt an equal division be made of ye proportion, and every person ac- quainted where there stockadoes ought to be putt up and from whence they are to fetch them. It is therefore orderd by ye mayor and aldermen of this city yt ye assistants doe make a dividend of ye new stockadoes : how many rodd every person according to there ability should putt up and from whence they are to bring them where it is nearest and most convenient, beginning at ye place yt is open between Dirk Dragoons and ye point, and so round north- ward as far as ye said new stockadoes will reach ; all which are to be putt up in ye space of a month after ye date hereof.




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