USA > New York > Albany County > Albany > The annals of Albany, Vol. II > Part 10
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Actum in Albany ye 6th day of March 1689.
By the Mayor, Aldermen and Commonalty of ye City of Albanie, and ye Justices of ye Peace of ye County aforesd, the 21st day of May, 1689.
Present the mayor, recorder, all the aldermen and as- sistants, justices, Robt Sanders and Abr. Schuyler.
Whereas the selling and giving of strong drinke to ye Indians at this present juncture is founde by experience not only inconvenient but extream dangerous insomuch yt ye greatest part of ye traders and inhabitants of this city have made their application to us, yt it may strikly forbidd, since y Indians by their excessive drinking are so insolent and troublesome yt nothing but ye greatest mischeeffs and calamities can be expected if not prevented we doe therefore hereby strickly prohibite and discharge all ye inhabitants of ye citty and county of Albany to sell or give any rom, brandy, or strong liquor, beer or cyder, to any Indian or Indians, upon any pretence whatsoever, upon y^ penalty of five pounds, toties quoties, and because it hes been founde by experience yt it will almost be im- possible to make discovery of ye breach of this order by yª ordinary method of probation in regard ye same will be managed with so much secrecy as none will be privy thereto but ye delinquents themselves, or Indians whose testimonys are not held valid of law, for ye discovery therefore of such secret and dangerous practices we doe
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hereby order and declare yt upon information made to yª mayor, recorder, aldermen, or justices of ye peace, by any Christian Indian or Indians against any person or persons whatsoever, of ye breach of this order, the said magistrate or justice of ye peace shall issue out his war- rant, requiring him forthwith to come before him; then and there if he can upon his oath so purge himselfe of such accusation as aforesaid, which if such person shall refuse to doe, ye matter of fact in ye accusation contained shall be taken for granted, and ye sd magistrate or justice of yº peace shall forthwith issue out execution to ye she- riff or any constable to levy ye fine and charges by distress upon y? offenders goods and chattles without any further procese or tryall, always provided yt it shall be in y" power of yª mayor, aldermen and commonalty of ye s' city, if they see cause to give or dispose of any small quantity of rom to some particular Sachims, who come here upon publike bussinsse any prohibtion aboves1 in any manner notwithstanding. The said fyne to be disposed of as fol- lows vizt : ye one half or moyety for y" high sherriffe of yª county for ye time being if he informs, and y" other half for y" mayor, aldermen and commonalty aforsd, and if yª sd sheriffe doth not inform, he is to have ye quarter part and y" informer ye half and ye citty ye other quarter part.
Whereas we are informed yt one Dubison is intended to transport himself and family to Canida, being suspect- ed to have kept a secret correspondence with ye French there, and it being juged dangerous to suffer such a per- con to live at Sarachtoge or any place of this county at this juncture of time where he may have conveniency to keep such a correspondence. You are therefore hereby required in his majestys name to bring ye sª Dubison and family forthwith here, in order that they may be secured from any such dangerous designs, in doing whereof this shall be your sufficient warrant. Given under my hand and seal in Albany y^ 14th of June, 1689.
To Anthony Van Shaik, Constable of ye Halfmoon.
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Albany ye first day of July, 1689.
The proclamation for proclaimeing there majesty, king William and queen Mary, king and queen of England, France and Ireland, &a being brought hither from N. York immediately upon ye receit thereof, ye mayor and. recorder caused ye court of aldermen and common coun- cile to assemble, who attended accordingly and haveing considered of ye greatest solemnity yt could be used in so short a time appointed ye cittizens to be in arms abut 12 o'clock, which haveing done they went in order from ye city hall up to there majestys fort where there majestys were proclaimed in solemn manner in English and Dutch ; ye guns fyreing from ye fort and volley of small arms ; ye people with loud acllamations crying God save king Wm. and queen Mary. Afterwards they marched down to y" city hall where there majestys were again proclaimed. Ye night concluded with y" ringing of ye bell, bone fyres, fyre works and all other demonstrations of joy.
Aug. 13, 1689 .- The peticons of Adam Vrooman and Pr. Van Olinda, Robert Sanders and Claes Lawrence Van Purmurent being road in court, who request for parcells of land in Tionondoroge, belonging to ye city, which the court will consider of.
A Proclamation by the Mayor, Aldermen and Commonalty of the City of Albany.
Whereas by these late revolutions diverse persons have taken the freedom to fetch Indians with their packs into their houses, and to be so troublesome and importune to ye heathens, that they have complained they could not eate their victualls quietly, which is contrare to the wholesome laws and orders made by this city for ye regu- lation of ye Indian trade ; wee doe therefore hereby, in ye name of there majes, King William and Queen Mary, publish and declare that no person or persons whatsoever, within this city, shall upon ye arrivall of any Indian or Indians, address themselfs to speake to them of and con- cerning trade, nor shall entice them either within or without ye gates of ye sd citty, by signs or otherwise,
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howsoever, to trade with themselfs or any other persones, upon payne and penalty of paying for each offence, if committed without ye gates of y' sd citty, ye somme of three pounds, if within ye same ye somme of six shillings only ; which fine is to be for ye behooffe of such person as shall sue for the same. That no person or persons whatsoever within this citty shall presume to take any Indian or Indians into there houses with pack or packs of beaver or peltry, and so trade them, upon penalty of paying as a fine for such offence 30 shillings, and ye In- dian or Indians with said packs immediately to depart out of ye house without trading, directly or indirectly. That no person or persons whatever within this city shall send out or make use of any broakers, whether Christians or Indians, in ye management of ye Indian trade, upon payn and penalty of paying as a fine for each offence ye somme of five pounds, one moyety thereof for ye use of mayor, aldermen and commonality of ye sd city, and ye other moyety to such person as shall suc for ye same. That no person or persones whatsoever within this city shall trade for or receive any beavers, peltry, or other Indian commodities from any Indian or Indians, after ye ringing of ye bell at eight of ye clock on ye night, upon payn and penalty of forfeiting such commodities so traded for and received as aforesd, two third parts to ye use of yª mayor, aldermen and commonalty of ye sf citty, and ye other third part to ye use of such person as shall. sue for yª same. That no person or persons whatsoever within this city doe presume to trade or traffique with, or by any means whatsoever, directly or indirectly, entice any Indians so to doe upon ye sabbath day, upon pain and penalty of forfeiting such goods so traded for as afore- sd, as also on payne and penalty of paying as a fine for such offence, ye somme of forty shillings to ye use of such person as shall sue for ye same. 'Actum in Albany ye 13th day of August, in ye first year of ye reign of William and Mary, king and queen of England, France and Ire- land, defender of yc faith, Aº 1689.
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Resolved, yt y^ fall waters on ye Bevers kill or creek, where Melgert Wynants intends to erect a saw mill, be sold to ye deakons of ye Netherdutch church for ye somme of £25, to pay for yº maintenance of Dicke Jan Cornelise, one of ye poor belonging to this county.
Sept. 29, 1689 .- The common council being convened to give their votes for a treasurer for this citty for ye en- suing year, doe by plurality of voyces choose Mr. Jan Becker.
Albany ye 14th day of Oct., 1689.
This day being appointed by ye charter of this city for ye aldermen of y" respective wards to bring there re- turns of yª aldermen chosen for y" ensuing year, which were
Johannes Wendel, Levinus van Schack, for yº 1st ward.
Claes Ripse van Dam, Jan Jansz Bleeker, for ye 2d ward.
David Schuyler, Albert Ryckman, for ye 3d ward.
The assistants chosen for this year were
Reynier Barents, Evert Banker, for ye 1st ward.
Johannes Cuyler, Jan Nack, for ye 2d ward.
Gert Ryerse, Eghbert Teunise, 3d ward.
Ye constables were Pr. Boss, for ye 1st ward; Joh. Appel, for ye 2d; Gert. van Ness, for ye 3d. Phill. For- eest was sworne high constable.
This day being the 14th of Oct., 1689, Capt Thomas, commander of there majestys fort of Albany, took ye oath of fidelity to there majestys king Wm' and Q. Mary.
Albany, 29th of Oct., 1689.
Zacharias Sickells, ratel man desyres he may have payment of 123 gl wampum, which is due to him for his service as ratel watch. Ordered yt ye sergents make y? division of ye inhabitants, and ye constables to collect sd money.
Whereas wee are informed yt ye watch of this citty is so irregularly kept that few or none of ye inhabitants of this city doe appear upon ye guard when it is there turn,
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which of necessity must be occasioned by ye remisseness, connivance and neglience of ye commission officers, whose duty it is to see ya orders concerning ye setleing of ye guarde of this city putt into execution, particularly ye order made by ye court martial yº 28th of November last, by which means the city is in eminent danger and many dissasters, calamities, mischeefs and confusion might ensue.
And since it is a duty incumbent upon us to see yt good watch and orders be kept in this city, and to use all pos- sible means yt ye same may be effected, we doe therefore in there majestys name, king Wm. and queen Mary, re- quire yt ye commission officers of this city doe take especial care that ye sd order of ye court marshall here- unto annexed, be putt into execution, which is so easy for ye people yt none but enemies to ye peace, wellfare and tranquillity of this, there majestys city, can refuse ; and therefore you are hereby enjoyned to cause ye sd four men of each comp. to be warned to attend ye watch; which if they shall refuse, neglect and not appear accord- ing to order, yt then you see they pay ye fine, or be pun- ished for ye said offence according to ye rules and methods usual in this city. And if we shall hereafter fynde yt ye guarde be not kept according to ye st orders, we declare we shall be necessitate to take other measures yt so such a great neglect may not be imputed to us or lye at our door since the preservation and peace of there majestys city as it hath hitherto been, so it is still our principall aim and desyre.
And whereas there hes been severall orders given from time to time, to Capt Wendel and Capt Bleeker to com- pleat ye works about ye city which fell to there share, which still is left undone, and not knowing how soon we may have occasion for ye same, we doe in an especiall manner desyre and require that they may with all speed call there people together and perfect, and compleat said works according to there proportion, yt so we may be in a capacity to resist an enemy if they should make any attaque, which God forbid. Given under our hand and seal. Albany ye 28th day of Dec., 1689.
PR. SCHUYLER, Mayor.
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In the year 1690 ye 14th of Oct., when Jacob Lysler had usurped ye govt the following persons were chosen aldermen : John Becker, Evret Banker, John Bleeker, Claes Ripse, Gert Ryerse, Eghbert Teunise.
Assistants, Johannes de Wandelaer, Hendd van Dyck, Luykas Gerritse, Pr Davidtse, Joh. Abeell, Gert van Ness.
Att a Common Councill &c. 7th Nov., 1689.
The common council of this city being called by ye mayor to consult of business relating to ye welfare of this citty, Jan Nack, trader and gunstokmaker, one of ye as- sistants of this citty, being sent for by ye mayor, ye sd Jan Nack answers to ye marshal yt went for him as fol- lows : " Neen wat meenje ick ben voor een gatt niet gevan- gen, sall ick gaan teykenen voor dat volk dat Leijslers volk te gemoet sall gaen." Waerop d marshal seyde, " Will gy d mayor nied ghehoorsaeme wanneer hy u ontbiedt ?", Hy antw., "Wat pratje nu van de mayor; isser eens na court well gehouden, weet gy well wateer to doen is: myn heele wyck seggen al te mael behalve 4 dat zy cost genoegh heb- ben voor Leyslers volk dat boven comt." Waerop d mar- shall seyde vorders, " Ben gy goon common councill man?" "Jae," seyde hy, "alst volk hier was," meenend sd N. Yorkse compe dan soude hy comen. Jan Nack, by ye perswasion of Joh. Cuyler and Reynier Barents, assistants, being came to ye common councill who acknowledges to have give ye answer as ye marshall did relate, and moreover says yt he acknowledges one Capt. Jacob Leysler to be his head, who is chosen by N. York to be ye commander in cheeffe. Jan Nack was forgiven this fault, promising to comporte himself better for ye future.
Att a Court of Mayor &c., July 14, 1691. Gerrit van Ness p1 Jochim Staets, Barent Lewys defts.
The pl demands of the defts ye summe of £3 11s, for 71 inch and half thick plancks delivered to them the 8th of december 1690, as appears by there note under there hands.
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The defts confesse to have received said quantity of planks, but that they were for the use of there majesys fort and therefore no ways obliged to pay the same. Umphrey Seward and John Carter being sworn in court, declares that Gerrit Van Ness delivered the said planks in the fort, and that they were used in said fort, yt is to say part for the gallerys, the remainder was pyled under the gallerys till ye mayor Pr Schuyler recd the fort, and then the remainder was used for the galleryes yt goes to the house off office and for the prisone house and for the floor of the garde room.
The business deferred till ye next court day.
Att a Court of Mayor &c., July 14, 1691.
Johannes Cuyler atturney for Mrs Anna Cuyler pl Arnout Cornelise defts.
The pl demands of ye deft by bill under his hand and seal, dated the first of Aprill 1687, ye somme of two hun- dred, ninety and seven gilders, seventeen and ¿ styvers in bevers, to be paid in bevers, which is at 6gl. per lb. is nine and forty lb. and § with cost. Damages 50sh.
The plft confesses ye debt and that it is his hand and seal, neither is he unwilling to pay the same if he were able, and with all prays yt the court would take the case in consideration, since the goods were carried to Otto- wawa, for to bring those farr nations here to advance the trade of this place-part whereof was given to the Sinnekes toward the redemption of 9 Ottawawa Indians, and since they were taken by the French and robbd of all they had and made slaves in a manner, desyred time to pay the same.
The court have taken the case into consideration and order the deft Arnout Cornelise, to pay to y" pl the som- me of two hundred ninetyseven gilders, seventeen and stuyvers in bevers according to obligation, and that in merchandable bevers of 14lb. Duytch weight for 8gl. with costs of sute.
The Indian boy of Pr. Van Wuggelum was examined concerning his having been taken at Klinkenbergh by two French and three Indians.
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Att a Court of Mayor &c., August 25, 1691.
The assistants of the citty. of Albany, Pl., Johannnes Wendel deft in an action for tradeing with yº Indians at Onnondgo, by Arnout Cornelise viele, his corrspondent contrarie to law and the charter of priviledges of this city. The deft pleads not guilty. The pl produces two wittnesses, swore before Gerrit Ryerse, justice of the peace, as there testimony will make appear, and yt he did send severall Indian goods to Armout to trade with, as letter to Mr. Wendell doth prove, and return of peltry for pay of the said goods.
The jury brings in there verdict and find ye defent guilty, ye court approves of ye verdict and orderd the defdt to pay a fine of eight pounds, courant money of ye province, cum expences.
Sept. 22, 1691 .- A petion of Jo. van Loon being read, setting forth how that a chest with sundrey goods, a bas- ket of yron worke, and a bell being left with him by Mr. Harrison the priest, which goods were taken away by force and arms by John Cornelise Vyselaer in ye time of ye late revolution; prays that he may be orderd to restour me ye goods according to the inventory taken by John Cuyler, or else to pay all ye damages that ye said van Loon may be freed about it.
Jan Cornelise Vysselaer confesses yt he took the chest, basket and bell, out of John van Loons house, where Will. Hollie livd, and that he did it by order of Jan Bruyn, Jo- hannes Provost and Rich Pretty, sheriffe, which sheriffe putt ye broad arrow upon it.
The court orders that Jan van Loon shall produce ye inventory next court day, in order yt ye bussiness may be further inspected into.
Albany, Oct. 14th, 1691.
This day being appointed by the charter of this citty for ye aldermen of the respective wards to bring there re- turns of the aldermen chosen for the ensuing year, are as follows :
Livinus van Skaik, Evert Banker, for ye first ward.
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Jan Janse Bleeker, Jan Lansing, second ward.
Gerrit Reyerse, Joh. Abeel, the 3d ward.
Assistants, Reynier Barents, Hend. van Dyk, Ist ward.
Joh. Cuyler, Jan. Vinnagell, 2d ward.
Wessell Ten Brook, Bennony van Corlaer, 3d ward-
Jacob Staets, Joh. de Wandelaer, assessors ; Joh. Becker, constable, 1st ward.
Joh. Beekman, Will. Claese, assessors ; Gysb. Marceles, constable, 2d ward.
Gerrit v. Ness, Albt Ryckman, assessors; Hend. Hanse, constable, 3d ward.
Mayors Court &c., Nov. 3d, 1691.
Johannes Bratt pl Jurian van Hoese deft. The pl de- clares yt ye deft accused him for stealing } canoe load of water millions. The deft denyes it, where with ye pl was satisfyed and so ye bussinesse was determined.
John Gilbert, Wessell Ten Brook, bakers, prays yt the prise of wheat bread may be rased, since corn is dearer. The court will consider of it.
The representatives for this city, informing ye common council yt yª assembly made an act for the raising of one hundred and fifty men for ye security of ye fronteers of there majestys province in this country, who may be ex- pected here speedily ; it is concluded to quarter them in this city, and at ye Greenbush, and y" Island, and at the mill, and these following persons are appointed to quarter said men, to make there tickets ready for the constable against they come: Reynier Barents, Joh. Cuyler, Wes- sell Ten Brook, Hend. van Dyk, Jan Vinnagell, Bennony van Corlaer.
But in regarde ye inhabitants are so extreamely impo- verished by this war, in so much yt they are not able to provide and furnish ye souldiers with bedding for the win- ter; it is thought convenient to write to ye honble com- mandr in cheiff and councill to desyre them to send up bedding with there men, and if they should not send duf- fells or blanketts and for yt. purpose to request that so much money of ye proportion of this city and county tax towards ye 2000£ act may be appropriated for that
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use, to buy bedding for ye souldiers both of the fuzilleers in toune already, and them that are dayly expected.
Nov. 17, 1691 .- Ordered that the six assistants doe, according to the resolution of the common councill yº 3d instant quarter the souldiers in towne in their respective wards, in there prepare billets for them yt are expected dayly.
The assistants propose yt order may be taken concerning ye burger excyse in the time of the revolution, that it may be collected for the cittyes use. Ordered that this day fortnight a common council be convened in the afternoon at 2 o'clock to consult about this affair.
December 1, 1691 .- Robert Livingston vs. Jan Bronk. The plaintiff demands 180 lb. speck, and 418gl. 14st. ze- want, to be paid in wheat, at 5 skepels per beaver. The deft says yt seven and forty lb. bakon was delivered on ye sade acct, and ought to be deducted off ye 188 1b porke but referrs ye businesse to the bench, and also of ye wheat. The court graunts judgemt against ye def to pay 188 1b. porke and ye f 418 : 14 zwt. in money or whcat, yt is tenn pound nine shillings & 42d, with cost, and the sheriffe to take ye deft in custody till he hath given sufficient securi- ty to pay ye same in three weeks time.
Feb. 9, 1693 .- The will of Capt. Joh. Wendell proved, by the oaths of Barent Lewis and Gerrit Lansing, and " ye goedvrouw Elizabeth nominated sole executrix."
Robert Livingston vs. Elisabeth van Tricht. The plff. by his declaration demands of ye deft ye somme of £13 19s. for excyse of 3 hhds of rom brought up in July 1689, in Dirk Bensing's boate, and by her received and sellered. The deft confesses yt she rec" ye 3 hhds of rom in dispute into her house and seller, but that shee disposed only of one hhd of 90 gallons, which she will pay, but yt yº other 2 hh' rom belonged to her suster, Lena Rombouts, who hes promised payment for ye same and given it under her hand, which ye plaintive hes to show, and moreover that her suster had sent the pl. a note whereby she promised to pay the money in the spring.
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Whereas there is 3 hhds rom landed at Albany out of the boate Unity, Dirk Bensing master, the 31 July, 1689, sellered at widow Van Tricht's house, and being a dispute about the guaging of it. Mr. Jacob Teller owned the rom, the contents of it 90, 90, 91, is gallons 271 and I doe de- clare I know not better but he undertook the payment of it.
[Was signed] WM. SHAW, gager.
The case being given in charge of the following jury, vizt. Reynier Barentse, Hend. Van Dyk, Gerrit Lansing, Evert Wendell, Joh. Bleeker, Isaak Verplank, Jean Rosie, Luykas Gerritse, Pr. Davidtse Schuyler, Abraham Staets, Bay. Croesveld, William Claese Groosbeek. They the said jury after some consideration thereof, came to the barr, delivered in there verdict, and doe find for the plaintiff. It is therefore considered by ye court that the deft pay to the pl. yo somme of four pounds tenn shillings in currant money of this province for ye excyse of one hhd of 90 gall. accord. to confess" and for yº 2 hhds ye pl. may take his remedy against the widow Rombouts, remaining nine pounds nine shill. for ye 2 hhd who ouns ye same by her hand writing.
Att a Mayor's Court, June 28, 1692.
Joh. Cuyler, atturney of Isaak & Volkquijn Kip & Toussain Domis merchts. at Amsterdam, vs. Wm. Teller. Demands by his declaration ye somme of i hundred and eighty-two gilders five stuyers bever, as also an yron ballance with 2 skales and about 300 lbs. yron weights delivered him by Jacob Sanders factor of ye said gent : The deft desyres time for to answer because his books and papers and other evidences are at N. Yorke. The court graunt ye deft time till ye next court day to answer ; except he produce som materiall reason why he should not be ready.
Joh. Rooseboom vs. Gerrit Luykasse. The Pl. com- plains against Gerrt Luykasse in an action of defamation yt he ye Deft did say to ye Pl. you, meaning the said Joh. are a rogue and dogg, and diverse other base scandalous and malitious words against ye sd Joh. did expresse and him did threaten to strike, challingeing him ye said Joh.
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to fight, whereby he ye sd Joh. hath lost his good name, credit and reputation, to ye dammage of him ye s1 Johan- nes 150£. The Pl. [def.] in his oune proper person comes into the court and defends and says he is not guilty in manner and form as ye Pl. declares against him, and thereof puts himself upon ye countrey. Jury-Hend. Van Dyk, Eghb. Teunise, Bennony Van Corlear, Johan- nes Beekman, Johannes Apeell, Hend. Bries, Mynd Har- mense, David Schuyler, Hans. Hendrikse, Hend. Hanse, Joh. Van Sante, Jonas Volkertse. The jury bring in there verdict and fynde the Def. not guilty. It is there- fore considered by ye court yt the Deft be freed of ye Pl. sute, and ye Pl. orderd to pay costs of court.
Bata Cloet wife of J. Cloet prisoner at Canida Pl. vs. Sander Glen & Barent Wemp executors of Sweer Teunise Deft. The Pl. demands nine pounds six shillings and sixpence for ye remaining payt of a negroe called Jacob, sold by old Joh. Cloet to Sweer Teunise, and produces ye book of sd John Cloet sen. kept by her husband John Cloet Jun. [The defts. ask time.]
Att a Common Councill &c., July 23, 1692.
The assistants of this citty doe complain against Jo- hannes Bratt, Pietre Villeroy, David Keteleyn, Willem Hendrikse, Hend. Janse and Daniel Bratt, for trading with the five nations, against the charter priviledges of this city, pray yt they may be apprehended and presented according to law.
The cous'l will consider of it till to morrow morning at 7 o'clock ; in ye meantime order Mr. Livingston to inquire where they are, and what there intentions is for such a breach.
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