USA > New York > Albany County > Albany > The annals of Albany, Vol. III > Part 4
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Att a Mayors Court held in Albany ye 29 of Nov. 1698.
Present, Hend. Hanse mayor, Jan Janse Bleeker re- corder, Johannes Schuyler, Hend. Rensselaer, Johan- nes Cuyler, Jan Vinhagell, Albert Ryekman, Wessel Ten Broek.
O yes, O yes, O yes.
Silence is commanded in the Court whilst ye Mayor and
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Aldermen of his Majestics Citty of Albany are sitting, upon pain of Imprisonment.
Al manner of persons yt have any thing to doe at this Mayor's Court, lett them draw ncer, and give there at- tendance. God save King William.
John Fine Plantif, Asueres Marsellis Doft.
The Cordt being adjourned till ye next Cordt day.
Att a Common Couneill held in ye Citty of Albany, ye 29 day of November, 1698.
The Conveyance of ye Bevers Crcek made by ye mayor, aldermen and commonalty for ye behooffe of ye Dutch Reformed Church of ye Citty of Albany, dated ye 4 of Oet. 1689, being produced by Maj. Dirk Wessels and Jan Lan- sing elders, and William Claese and Anthony Bries dea- kons, doe Remonstrate yt ye sd Conveyance is not soe full as ye same was purchased of ye Citty, and since that somc have made therc application to the Church to have ye Privilege of Erecting another Sawmill there, they desirc in reguard there is some defeet in ye sd Transport, that they may have all ye Citty's right and title to ye wholc Bever Creek, and will pay for ye same as they ean agree. Whereupon it is agreed by ye Common Councill and ye sd Two Elders and Two Deakons deputed by ye Consistory as follows; yd ye sd Duteh Reformed Church is to have all ye Cittys Right & Title to ye sd Bevers kill from ye bounds of Marte Gerritse deceased and so upwarde into ye woodds as farr as ye Cittys Right goes, and 25 Rod of Land in breadth on both sides of ye sd Bevers kill to begin at ye bounds of Capt. Marte Gerritse deceased, and ends at ye westermost part of ye dam above ye Saw mill crected by Melgert Wynantse, for which Creek and Land as aforesaid ye Elders and Deakons of ye Duteh Reformed Church for ye time being are to pay for ye bellooffe of ye Citty of Al- bany ye some of twenty pounds, to be paid in three pay- ments, vizt, cight pound yc 31 of Dee. next, eight pound ye 31 of December 1699, and four pounds ye 31 of Decem'r 1700, always provided and it is agreed by both partyes yt if ever ye Dcakons and Elders of ye Dutch Reformcd Church of Albany for ye time being shall see Convenient
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to Cause to be erected another Sawmill on ye sd Creek besides ye Sawmill erected by Melgert Wynantse yt then Nanning Harmense and Frederik Harmense have ye per- ference to erect the same, in regard they have first peti- tioned for ye same, they agreeing with ye Church for ye sd Priviledge, and ye sd Elders and Deacons doe promise to enter the clause and agreement about ye sd Two persons in there Church Book accordingly.
The Committee appointed to Inspect what Stockadoes shall be wanting to fill up ye vacant places and repare ye walls about ye sd Citty, doe find yt it will take at least 14} Rod to make up the breaches.
Ordered, that there be 30 Rod of Stockadoes Rid this winter for ye behooffe of ye Citty, to make up and repare those places that are already broke downe about ye walls, and may decay before spring.
The Committee appointed to inspect ye Citty accounts, and to Call ye Treasurer to an account, doe Report yt in Reguard there be severall accounts not approved, which they can not allow without ye Concurrence of ye whole Common Councill, doe therefore desyre yt ye sd account may be Inspected by ye whole Common Councill, and yt ye Treasurer Render his account to ye Commonality.
Which Report is approved.
[Here follows a list of papers that were found in the possession of Jan Becker deceased, which are enumerated in Dutch, and were transmitted to Johannes Groenendyk, sheriff, who made oath in Dutch to take proper charge of them. They consisted of wills, contracts and agreements between individuals, &c., of which he had been made the depositary, either because the depositors had confidence in him, or by virtue of his office as sheriff, or notary. On the margin is an entry made at a later period, as follows :]
Albany, ye 11th of July, 1704. Then Received into ye Clarks office by order of Johannes Schuyler Esq., Mayor, and in ye presence of Johannes Cuyler Esq., alderman, from Delia ye wife of Johannis Groenendyke ye papers ac- cording to ye aforewritten List. Excepte ye following writteings, vizt, ye howelijks voorwarde between Douw Ankes and Maria Viele, the Testament of Dirk Teunise
·
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van Vechten, the Testament of Jan Verbeek and ye Tes- tament of Jan Rosic.
By mne, Rt LIVINGSTON JUN., D. - Ck.
A meeting of the common council and justices was or- dered on the 27th December to consult upon the debt of the city and county, and the raising of money to meet the expenses of government.
Mayor's Court. Dec. 13, 1698.
John Fine vs Ahasucris Marcelis .- The Plentive com- plains against ye Defendant by Declaration for taking away his wood from ye River side, and that ye Defendants wife did call him ye sd Jan Fyne a Rogue, and other op- probrious words, when he went with Serg' Kinard to see if his wood had not been purloined and embezzled, to the dammage of tenn pounds with costs of sute. The Defend- ant denys ye same, and says yt ye Pl. hath with force and violence taken wood from his firc. Whereupon a jury is called and sworne.
The Evidence of Sergt James Kinard is taken in open Court, who declares that he was walking along ye River Side where John Fync desyred him to goe with him to ye house of Ahasweres Marselis where he had suspition that they had taken some of his wood from ye water side, and comeing there ye sd John Fine took ye wood from ye fire, and layd it upon ye street, before his door till he fetched ye fellow thereof out of his house. Ye sd John Fine carryd it and showed it to ye mayor of ye Citty, where it did ap- parently appear to be alike, whereupon ye mayor desyred yt the wood might be layd aside, and yt ye Partyes John Fine and Ahasweres Marselis should agrec and deside the matter.
Dirk van der Heyden declares upon Oath, that a while agoc he was standing in his door where John Fine cald him and showed him two brands ends of wood which he sayed he had taken off Ahaswerus Marselis his fyre and desyred him to stay and he would fetch ye fellow thereof out of his house, which he did, and further saith not.
John Kidney declares upon Oath yt accidentally he was passing by John Fyns door, where he saw him standing
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with two brands ends of wood, which as he sayd he had got off Ahaswerus Marselis his fyre, whereupon he ye sd John Fyne dosyred him to stand soe long till he fetched ye fellow there of out of his house, which ye said John Fyne presently did.
Dec. 27 .- Ahasuerus Marselis delivered in a Petition, whereby he requests yt ye Case between him and John Fine, which was tried last court day, may be had in review, and yt ye Jury may be sent for and give an explanation of their verdict, who brought in ye sd Ahasuerus sixpence dammage, with costs, without ye least proof, as if he had stole a ps of John Fines wood, of which he is wholly in- nocent, therefore prays yt all proceedings in ye matter may be razed out of ye Court Record and be freed from ye Charge thereof.
The Court will take into consideration.
Feb. 7, 1699 .- Upon ye Late Request of Aswercs Mar- selles ye Mayor and Aldermen have sent for ye Juery, and examend ye Jurey about there Last Verdicht, and they all Reffer them selves to ye verrey wordes of ye Verdicht.
June 13 .- Joh. Groenendyk, Sheriffe, made return of ye Execution to him directed about Ahasuerus Marselis, and produced in Court ye some of two pounds seven shil- lings and nine pence by ye sale of ye following goods at a Public Outcry yesterday, vizt.
1 Pewter Plate for £ -: 8:3 £ ---: 11:3
6 Plates,
1 pr of Tongues,
£ -: 3:4}
1 Picture, £ --:-: 9
1 Snaffell, £ -: 3:9
1 Gunn,
£ 1: 7:23
£2:14:7
The Execution is, £2: 7:9
Serving ye same, 5:
Vendue money,
2:9
£2: 15:6
2:14:7
11
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In Common Council, Dec. 13, 1698.
It is Resolved yt a Tax for wood shall be laid upon ye Citty of Albany for ye quantity of three hundred Loods of good fyre wood to supply ye guards of this Citty and also 30 Rodd of Stockadoes to repair ye walls of this Citty, and y' a warrant shall be issued to ye assessors to make there assessment therefore in ye space of four and twenty hours ensueing ye Date, and then Emmediately to make Return thereof to Mr. Mayor.
It is further Resolved and thought Convenient that a Proclamation be proclaimed yt no Carman shall hereafter use a Cart until such times they have Mr. Mayor's Lycense therefore upon Penalty of forfeiting ye somme of six shil- lings, and yt no person or persons shall drive there horse or horses in slees or oyrwise through ye streets of this Citty faster than upon a stap, upon penalty of forfeiting ye somme of three shillings, toties quoties.
Jan. 3, 1699 .-- The Common Couneil, upon the require- ment of the Governor and his Council, determined to give the inhabitants of the city above sixteen years of age an " opportunity of swearing allegiance to his Majesty King William." The proceedings, and a list of the citizens who took the oath, will be found on a subsequent page.
Jan. 13 .- Resolved, that a Tax of one hundred Pound Currant money of this Province shall be laid and assessed on the Inhabitants of this Citty, between the date hereof and the 24th day of this Instant, to pay and defray the Publik Charges of this Citty, and that the Payment thereof shall be in two severall Termes, to wit, the one half or moyety at or before the 11th day of March, and the other half at or before the 11th day of July next Ensuing.
Jan. 24 .- The matter concerning ye ereeting of Indian houses for ye reception of Indians was proposed by ye Mayor as requisite, since many Irregularities happen by Traders receiving Indians into there houses, whereupon it was resolved, nemine contradiscente, yt two Indian houses be built, and it being put to ye vote whether the Inhabitants liveing towards ye hill should build their house at their pryve cost and charge, and if ye Inhabitants of ye Pearle Street where ye Bloekhouse stands and oyr Traders
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living thereabouts should build another Indian house at their pryve cost and charge, and ye Plurality of votes car- ried it yt both y" Indian houses should be built at ye pryve charge of both streets, and all persons making profession of Trade with ye Indians.
Then it was put to vote whether the Indian houses yt was to be for ye benefit of these traders yt live on ye hill should stand 4 Rod on ye south side of ye waggon way leading to Shennechtady or 4 Rod on ye north side thereof, always provided yt ye distance backward or westward should be determined by ye whole Common Councill; and it was carried yt ye sd Indian house should be placed four Rod on ye south side of ye sd waggon way behind his maje fort.
Then it was proposed where ye other Indian house should be built on ye north side of ye towne, whether it should be erected between ye Two Blockhouses, or higher or lower, always provided yt ye distance from ye Citty Stockadoes be determined by ye whole Common Councill, and it was carried yt ye sd house be built between ye two Blockhouses leaving an equal distance from ye onc and ye other.
It was further put to ye vote how big ye sd Indian houses were to be, and it was carried yt each should be 45 foot long.
The two aldermen and two assistants whom ye votes fcll upon to be overseers of ye said work of ye Indian houses yt they should be finished before May next, were Joh. Cuyler, Jan Vinnagen, aldermen; Jacobus Turk, Capt. Joh. Bleeker, assistants.
The charge of ye building of ye sd two Indian houses is to be raised by a Rate or Tax to be Levyed by ye sworn assessors on them alone yt make profession of trade with ye Indians, and yt proportionably according to each per- son's Trade.
Feb. 21 .- Resolved, That one other Indian house be- sides ye two heretofore resolved on ye 24th day of January last, shall be build just upon ye first hill going up from ye Parle street geat northwesterly, in or about ye middle part of said hill, where ye whole Common Councill forthwith shall appoynt ye Place, and yt ye Building and Charges
The City Records. 49
thereof shall bee in ye lyke manner as ye two houses aforesaid.
In performance of an order to ye Committee appointed on ye 28th day of December last, itt is agreed with John Glen and Reyer Shermerhooren Justices of Schanhegtade, y' they shall Pay to ye Public Charges of this County untill ye 14th day of October last ye sume of three pounds Cur- rant Money of this Province, att or before ye 11th day of March next.
Resolved, That a Tax of three hundred Load of fire wood shall be layd and assessed on the Inhabitants of this Citty between the date hereof and the 24th of this Instant, for ye supplying the Guards, and that a warrant shall be forthwith issued out to the Assessors of the said Citty, for the Assessment thereof accordingly.
[Here is inserted in the record book an inventory, in Dutch, of the personal effects of Jan Verbeek, deceased, whose name occurs frequently in the preceding pages. The names of the articles are placed opposite in English, to render the inventory intelligible. The orthography of the Dutch in these records is no better than that of the English.]
Een Inventaris van de overgebleven staet van Jan Ver- beek twelck na sijn dooet gevonde is zijnd opgenome door Johannes Harmense, high constabel, den 6 Merdt, 1693. Een swarte rock
Vyer grawe rocke
A black coat Four gray coats
Een swarte hemptrock
A black waistcoat
Vyer graawe hemptrocken
Four gray waistcoats
Five breeches
Vyf broecke Twee hoede
Two hats
Vyf dasses Driee hemde
Three shirts
Noch een Bijbel
Also a Bible
Noch twee schrijfboeke
Also two writingbooks
Noch een bet een puile twee Also a bed, bolster, 2 pillows kusses
Five cravats
5
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Twee deckens een voot kleet Two blankets, one foot cloth Noch een kas en een buil kist Also a closet and a tool chest
Noch een kleere kist Also a clothes chest
Noch een tafel en een banck Also a table and a bench
Noch een brant yser een Also an and-iron, tongs and tangh en hugell trammel or pot hook
Een ysere potje
An iron pot
Noch een schuttel en twee Also a platter and 2 plates tafelborde
Een tinne kan A tin can
Noch een groote luning stoel Also a great rocking chair, en een andere stoel and another chair
Noch een kettell
Also a kettle
Noch een groene combers Also a green coverlet
Was signed by Johannes Harmesse, High Consteball,
Att a Common Counsell held in Albany ye 30th day of May, 1699.
Resolved yt ye Lest of ye Town Stocades shall be veuwed and looked hoe hes Red Stocades and hoe hes not Red Stocades, and he yt has not Red shall be warened yt they shall Reyd them between this day and a Saterday next, and he that has nott Red them then shall forfett one shil- ling and sixpence for each stocade. It is forder Resolved yt each Person shall appear here at ye State House for to sett yt Citty Stocadoes a Monda morning by times when ye Bell Ringes, upon ye forfeit of three shillings.
June 13. The proclamation for the regulation of trade with the Indians in 1689 (vol. i, p. 108), and repeated in 1696 (pp. 13, 14 ante), was renewed at this time. See p. 51.
June 15 .- Whereas diverse persons have of late assumed to themselves ye liberty to sell or expose to sale wares and merchandize by retaile within this Citty, without being made free Citizens, and also yt diverse persons use their art, trade, or manual occupation within the City libertyes and precincts thereof, without having first obtained their freedom. It is therefore after mature deliberation thereof had, concluded unanimously, yt no person whatsoever shall be looked upon, deemed and esteemed a free Citizen of this Citty but those who were actually Inhabitants of this
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Citty at ye time when ye Charter was obtained; or yt since have obtained or purchased their freedom according to ye Charter, and whereas sundrey Inhabitants of this Citty did desert this place in ye time of ye late warr and most Imminent danger, and now return without their families, and reap ye benefits of ye trade of this Citty by staying a few weeks and then goe away, it is further resolved yt all those yt deserted this Citty in ye time of ye late warr, and have been absent one whole year and six weeks with their families, shall be looked upon and esteemed as if they never had been Cittizens or freemen of this Citty, but must agree anew for their freedom, except they return with their families; and if any merchant, trader or arti- ficer having a family in another part of this Province shall come and agree for his freedom, if he doth not transport his family hither in twelve months time after his so re- ceiving his freedom, it shall be forfeit as if he never had been a Citizen, or been free of this Citty.
June 17 .- The Common Council is convened at ye re- quest of ye assistants, who alledge yt they observe several Proclamations have been published relating to ye trade of this Citty, particularly ye one of ye 13th of this month, without their Privity and Consent, which by ye charter of this Citty can not be done, desyre yt ye same may be read and every article therein mentioned put to ye vote, which was done accordingly.
The first article is allowed.
That part of ye second article concerning taking ye Ca- nada Indians into People's houses is Revoked and made void, and in lieu thereof
3. Likewise ordered, yt all Indians, ye Sachems and River Indians excepted, as aforesaid, are to lye in ye In- dian houses without ye towne from ye first of April to ye first of December, and are permitted to be Received in People's houses in town from ye first of December to ye first of April. Ye remainder of sd articles is allowed, and another Proclamation made de novo.
Ordered, yt Jacobse Turk, Johannes Thomase & Evert Wendel Jr. assistants, be a Committee to return ye names of such persons as are not freemen, and were not Inhabit-
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ants of this Citty when ye Charter was obtained, ye next Court day.
Ordered likewise yt Joh. Schuyler, Johannes Cuyler, and Wessel ten Broek Esqs. aldermen, be assistant to ye mayor in ye agreeing with people for their freedom of this Citty.
Robt Livingston acquainted ye gent" yt he had consti- tuted his cousin Robert Livingston to be Deputy Clerk, according to ye Commission granted him by his Majesty desired to know if they had any objection against him. The gentlemen approved of ye same, and declared that they had no objection against him.
Mayor's Court, June 27, 1699.
Johannis Groenendyke vs. Jan Janse Bleeker .- " Five several fynes" were demanded of the defendant for taking Indians into his house with their packs. The defendant denied the acts complained of, and the matter was settled.
In Pursuance to an order directed to Jacobus Turke, Johannis Thomase and Evert Wendel, dated ye 17th of this instant, they returned the following persons were not actually Inhabitants in the Citty when ye Charter was obtained, and yt y" same are not possessed with there free- dom, as also those who have deserted this Citty with their families in ye late warr, one year and six weeks, vizt.
Pieter Verbrugh
Teunis Dirkse
Edward Reims
Jonathan Broadhorst
Luykas Luykasse
John Kidney
Gerrit Roeloffse
Ruth Melgertse
Daniel Wilkeson
Gerrit Ryckse
William Hilten
Volkert van Hoese
Phillip Schuyler
Adriaen Quackenbos
John Carr
Robert Frethy
Robert Livingston
Daniel Bratt
William Hogen
Thomas Williams
Jan Van Wryden Jan Fyne
Thomas Winne
Anthony van Schaik
Johannis D. Wandelaer
Hend. Van Dyk Joseph Janse
Johannis Abeel
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In Common Council, July 11, 1699.
The overseers appointed ye 24th January and 21st Feb. last for ye building of three Indian houses without ye gates of this Citty doe Produce the account of ye Charges for ye same amounting to f1157: 17 wampum, being eight and twenty Pounds eighteen shillings and 11ª, which is ap- proved and Resolved that Mr. Mayor shall issue out his warrant the 25th of this Instant to ye assessors to make there assessment for sd summe upon all such persones as doe make Profession in Indian Trade within ye Citty and make Return thereof to Mr. Mayor, in ye space of three times four and twenty hours after ye aforesaid date.
In Mayor's Court, July 25, 1699.
Upon ye Request of Elisabeth ye Weduw of Wouter van den Uythooft, who hath ye Boedel* of Jan Verbeek, de- ceased, in hands, desyres of this Court that two sufficient Persones bee appointed to value the worth of said Boedel, whereupon ye Court doth appoint Jacobus Turke & Johannis Harmense to value ye same and give in there Report, the next Court day.
Whereas severall Papers relateing ye building of ye Blockhouse in ye year 1690 are given into Court, aud thereupon Resolved that ye same be inspected to see who are ye Creditors therein, and appointed ye Recorder J. Janse Bleeker, Jan Vinhagen aldermen, Jacobus Turke & Evert Wendell assistants, to audit ye same, and return Report ye next Court day.
In Justices' Court, July 26, 1699.
This day being appointed for ye Justices of this Citty and County to convene together to discourse about a cer- tain Tax layd by ye late Assembly upon said Citty and County, which Convenement not being duly observed, it is therefore resolved by ye Justices Convened, that anoyr day be appointed, who doe appoint next Court Day, being the eight of August next ensuing, for all to appear at nine o'clock in the morning, as they will answer to ye Contrary upon there perrill.
* Estate, or effects,
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In Common Council, July 29, 1699.
Whereas on ye 25th Instant Mr. Mayor directed his warrant to ye assessors by advice and consent of ye Re- corder, Aldermen and Commonality that they should make an assessment upon all such persones within this Citty as doe make profession in ye Indian Trade for ye somme of Twenty Eight Pounds Eighteen Shillings and Eleven Pence and give Return thereof to Mr. Mayor in ye space of thrice twenty four hours ensuing the sd date, it being for ex- penses in making of ye three Indian house standing without this Citty. Now whereas the said assessors having made up said assessment and given into ye hands of the Mayor which being now laid before this meeting, it is approved off, and Resolved that warrants be issued to ye Constables in each respective Warde for ye Collecting of ye same, and when received to deliver into ye hands of ye overseers appointed for ye management of said buildings or the Major part of them, in reguarde that the Debts thereof may be satisfyed proportionably.
In Mayor's Court, Aug. 8, 1699.
Whereas Jacobus Turke and Johannes Harmense being appointed y^ 25th of July last to value ye Boedel of Jan Verbeek deceased, doe returne Report of ye same, and have prised it to be worth all and all, f292 wampum, is £7 :6.
In Justices' Court, Aug. 8, 1699.
Whereas in ye late Assembly an act is made to raise ye summe of £2000, out of this Province for his Majestie, Praying that his most gracious Majestie will be pleased to give and allow ye summe of £1500 thereof to his Excell. Richard Earle of Bellomont, and ye summe of £500 being ye Residue of said summe of £2000, unto Capt. John Nan- fan, his Majesties Left Governor of ye Province of New York, &c., which summe of money aforesaid shall be raised assessed, collected, levyed and paid unto his Majesties Col- lector and Receiver General for ye time being, at ye Citty of New Yorke, at or before the 29th day of September next, and therein fynding ye Citty and County of Albanies quota or proportion amounts to £120 currant money afore-
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said. It is therefore Resolved by the Justices of this Citty and County that the Assessors of said Citty and County shall convene together in ye Citty Hall of Albany, viz': Anthony van Schaik, Benoni van Corlaer, Isaac Verplank, Anthony Bratt, Gysbert Marsellis, Harpert Jacobse, Citty assessors; Nicolas Dow, Marte Cornelise, colony assess- ors; Gysbert Gerritse, Isaac Switts, Jan Vrooman, Sche- nectady; Abraham Janse, Johannes van Hoese, Kinder- hoek; Jan Bronk, Andries Janse, Cattskill and Coxsackie. On ye 18th day of this Instant, and then make there as- sessment for ye aforesaid summe of one hundred and twenty Pounds upon all Freeholders Inhabitants and Residents within ye Citty and County aforesaid, vizt, the assessors in ye Citty particularly and the assessors in ye County, each for there respective wards, are then the one to cor- rect the other's assessment, so that all shall amount to ye aforesaid summe, and make a fair return of ye same unani- mously under hands and seales, at or before Saturday night then following, and deliver ye same into hands of Mr. Mayor of ye Citty aforesaid, or any two Justices who shall appoint a time when ye Justices of ye Citty and County shall convene to issue their warrants for the collecting of the same.
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