USA > New York > Albany County > Albany > The annals of Albany, Vol. IV > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31
No Stranger or Strange Vessell permitted to Trade up to Albany or Sopez without paying ye Dutyes required here.
Whereas It is Represented unto me by ye Mayor & Aldermen of this Citty that it proves a very greate Incon- venience to ye Inhabitants here that divers Strangers and Strange Vessells any way Related to this place or Province doe frequently goe up Hudson's Ryver to Esopus & Albany there to trade & traffique Contrary to former Constitutions & Customes in such cases provided. It is this day ordered That no Stranger or Strange Vessell shall be permitted from & after ye Date hereof to passe up ye said Ryver to
19
Records of the Court of Assize.
either of ye places aforesaid there to trade or Traffique upon any pretence whatsoever. However Such Vessells unloading their goods in this Citty & paying ye Dutyes required, the Owners of such goods have liberty to trans- port them into these parts in any other Vessels belonging to this port & may go up themselves with leave to nego- ciate there having first obtayned ye priviledg of being free Burgers of this Citty. Given under my hand at ffort James in New Yorke this 27th day of June in yd 22d yeare of his Majesties Raigne Anno Domini 1670.
A Passe for John Dixe Master of ye Sloop ye Cock.
These are to certify all whom it may concerne that I have given liberty to John Dixe Master of ye Sloop ye Cock to passe with his said Sloop up ye River to Albany with her loading where he hath freedome to trafick as ye rest of ye Inhabitants of this Citty of which place he is admitted a Burger. Given under my hand this 23d day of August, 1670.
An Order for John Povey & Juriaen Jansen to be Pablique Butchers at Albanye.
Whereas It is Thought Convenient that some person or persons should be Lycensed & appointed at Albany as publique butchers to slaughter & kill such beasts & cattle for ye use of ye Towne as are Etable & in good condition. To prevent severall abusses therein I have thought fitt to graunt Lycense to John Povey & Juriaen Jansen Two persons Inhabitants of ye Towne that have beene Recom- mended to me to be of Capacity & to have good knowledg in ye Trade of Butchers. That they shall have ye Privi- ledg to slaughter & kill any sorte of beasts & cattle in good condition fitt to be killed & usually vendible & ye same to. sell to ye Inhabitants of ye Towne or others. And that none else of ye Towne have ye like priviledge Except it be for their private Expence of provision in their owne familyes, They ye said Povey & Jansen engaging to sup- ply ye Towne for their better Accommodation with fresh Provision at such tymes of ye yeare as they shall be in 3
20
Records of the Court of Assize.
season ye which they are to performe with Care accord- ingly.
Given under my hand & Seale at ffort James in New Yorke this 23d Day of September in ye 22d ycare of his Majesties Raigne Anno Domini 1670.
The Governor's Letter to ye Commissaryes at Albany.
Gentlemen-I have Received your Letter with ye Double choice of Commissaryes of which I do approve of Goosen Gerrittse & Jan Hendricks Van Baas for Albany & Theu- nis Cornelijs Van der Poel for Renslaerwijck. This you'l receive by ye hands of your Neighbours Captain Jeremias Van Renslaer & Captain Philip Pieters at their retorne home which is all at present from
Your very Loving freind
FRAN. LOVELACE.
7er 26th 1670.
An Order for separation of Albert Andriesen & Gertruyd Vosburgh.
Whereas strife & difference hath arisen betweene Albert Andriesen & Gertruyde Vosburgh his wife with ye which ye Commissaryes at Albany being acquainted fynding there Inclinations averse from living together as man and wife ought to doe they did by consent make an Agreement of their Seperation as likewise how their estates are to be divided betweene them. These are to Ratifye and Con- firme what hath beene Already ordered as to that perticu- lar by ye which each partye is to res satisfyed without giving any further trouble upon this occasion. Given under my hand at ffort James in New Yorke this 24th day of October 1670.
An Order for Thomus Delavall Esq., to have ye Lott of Land formerly graunted to Jotham Wessels at Albany.
Whereas Jotham Wessels of Albany did obteyne a Pa- tent of me for a double Lott of ground upon ye Hills there next above Captain Philip Pieters Schuylers upon pretence of Erecting very good building thereupon like to ye rest .
21
Records of the Court of Assize.
of his neighbors & that ye same was proportionable to what they had ye which appears to be otherwise neither hath he built upon more than ye next Lott to Philip Peters ye other being onely fenct in, & left void, Contrary to ye Intent & meaning of ye dispo sall thereof. I have there- fore thought fitt to graunt ye Lott next above where ye said Jotham hath built upon ye Hills unto Thomas Dela- vall Esq., Mayor of this Citty who hath liberty to erect a house and building thereupon ye same conteyning 20 foot or thereabouts in front of ye which when a due Survey shall bee taken and retorned to me he may have a Pattent of Confirmation any former graunt or Patent for ye same notwithstanding. Given under my hand and Seale at ffort James in New Yorke this 22d day of October in ye 22d yeare of his Majesties Raigne Anno Domini 1670.
No Stranger or Strange Vessells permitted to go up ye North Ryver to Esopus or Albany.
Whereas I have Received a Petition from divers of ye Inhabitants of this Citty & Province who trade in Sloops & small vessells. That no Strangers or strange vessells may be permitted to go up ye North Ryver to Esopus or Albany concerning which there hath an Order beene for- merly made. I Have therefore thought fitt by ye Advice of my Councell that ye former Order bearing date ye 27th day of June last be revived & standing in force to all In- tents & purposes & that no person or persons do presume to transgresse herein at their perills of which ye Officers at ye Custome house are to take a strict & Exact Account. Given under my hand at ffort James in New Yorke this 9th day of March, 1670.
A Letter from ye Governor to ye Mayor of ye City.
Mr. Mayor-You being one of ye Councell & well known in all ye publique Affairs at Esopus & Albany whether you are now takeing a voyage I shall not need to give you any particular Instructions but referr all Matters of that nature which shall come before you there to your prudent Management of which at your Returne I shall ex-
22
Records of the Court of Assize.
pect an Account. Soe wishing you a prosperous & speedy voyage I remaine Sir your very Lov: Friend
FRAN : LOVELACE.
Apr: 28th, 1671.
Grant to Mr. Thomas Willett to sayle up Hudson's River to Trade notwithstanding ye late Order &c.
Whereas there is a Prohibition for all strange vessels not related to this City or Province to sayle up ye north River comonly called Hudsons River either to Esopus or Albany there to trade or traffique, And Captain Thomas Willett who hath formerly been twice Mayor of this City & is at present one of the Councell to this his Royal High- ness Government haveing now a Vessell or sloope here in this Porte called ye Suan which hee hath a desire should sayle up ye said River with Goods the which in strictness may be adjudged a strange vessell & soe not tolerated to doe ye same haveing not been built within this Province (although in one of his Majesties neighboring Plantations) To ye end that scruple may be removed I have thought fitt to Grant unto ye said sloope known by ye name of ye Swan as aforesaid shall ffrom & after ye Date hereof be lookt upon a ffree sloop of this province & shall have ye like Liberty priviledge & ffreedome to sayle up the said River or to any other Porte or Place within this Govern- ment as other vessells or sloopes of this City or Province may lawfully doe In like manner as if shee had been built in this place & soe shall be taken as any vessell belonging to this Porte; Any Custome or Order to ye Contrary in anywise notwithstanding. Given under my Hand and Seale at fforte James in New Yorke this 15th day of May in ye 23d yeare of his Majesties Reigne Anno Domini 1671. FRAN: LOVELACE. To all Officers or whom else this may concerne.
An Order about ye Lutheran Members of this City. At a Councill held at Forte James in New Yorke ye 29th day of June 1671.
Present-ye Mayor & Aldermen of the City.
23.
Records of the Court of Assize.
The difference betweene ye Lutheran Magister Jacobus. Fabricius &c., & those of that Church that petitioned against him being taken into mature and deliberate Con- sideration; It is ordered that all those persons of that profession who have consented or subscribed to ye pay- ment for the Church House that they pay their propor- tions according to Agreement and likewise they pay or cause to be paid unto ye said Magister Their Pastor their proportions of his Salary, untill ye time of their late publique Disagreement, upon which ye Governor gave Commission to Mr. Lawrence & others to examine into the same.
An Order about ye Lutherans in Answer to a petition pre- sented by some of that Congregation dissenting from ye rest, &c :
Whereas a difference hath lately arisen between some of ye Lutheran Confession in this City & Jacobus Fabricius their Pastor whereupon Hendrick Williamsen, Bay Croes- velts, Johannes Freeze on ye behalf of themselves & others have preferred a Petition unto mee, desireing that they may have nothing more to doe with their said Pastor nor that he may more molest them ; As also that some person may be appointed to supervize their Accounts & receive ye money they have subscribed to for their church, with some other particulars in ye said Petition sett forth; These are to Authorize & appoint Mr. John Lawrence one of the Aldermen of this City and a Commissioner appointed To endeavour a Composure in this Affayre to Supervize ye Accounts of ye Petition & to receive ye moneys which already are or shall be Collected from ye persons who have subscribed to pay the same towards ye Church, as also to make an Entry according to their desire of all such Vtensils as doe belong to ye Church, of all which hee is to render mee an Account for soe doeing this shall be his Warrant. Given under my Hand at Forte James in New Yorke this sixth day of July 1671.
FRANC: LOVELACE.
24
Records of the Court of Assize.
Gentlemen-I have lately received Letters from ye Duke wherein it is particularly signifyed unto me that his Royall Highness doth approve of ye Toleration given to ye Lutheran Church in these partes I doe therefore Expect that you liue freindly & peaceably with those of that profession giving them no disturbance in ye Exercise of their Religion as they shall reciue noe Countenance in but on ye Contrary strictly Answer any disturbance they shall presume to give unto any of you in your divine Worship, So I bid you farewell being
Your very Loving freind
Fort James in New Yorke this 13th Day of October, 1669.
Letter from ye Governor to Captain Delavall at Albany upon ye Rumour that the french were Comeing towarde us, &c :
Deare Sir-I received your last ample Letter from Albany though when it arrived I was on Staten Island with a Mill Wright to search a convenient place to fix a Mill on; ye person you employed to deliver it mee made soe fearfull a Narrative af ye approach of ye ffrench, as if . ye very Sword were already at your Throats; That toge- ther with Manning's impatience in presently despatching an Express to mee (whereas if hee had stayed but 3 houres I had been with him of my own Accord) begatt so great a pannique ffeare amongst ye Credulous Women that I verely beleive had not my presence moderated their ap- prehensions, Their ffeares would have dorove many of them to some remoter partes; & therefore for ye future pray use your best skell to allay the timorous apprehen- sions of ye Inhabitants there, least when a reall danger doe approach they become Altogether Useless. I can not possibly imagine whence ye Beliefe should proceed of ye ffrenches Intentions to invade his Majesties Dominions ; you know there is now Peace between ye 2 Crownes, & ye Concernes of these poore parts of ye world cannot be an Introduction to make a Breach between either. Lucas & Josen are returnd from Boston where they mett with a Vessell consigned to Mr. Charlestowne which Ves- sel as ye skipper affirmed (a Dutchman) sett sayle out of
25
Records of the Court of Assize.
ye Texell never made stay in any of ye English ports to Cleare, and arrived at Boston in 7 weeks, Lucas has been 14 dayes on his way, soe that in all it amounts to nine weeks: and then there was noe appearance at all of any difference between ye English & French, some Jealousyes there were between Holland & ffrance but as then not yet broke out into Hostility; And if soe (as I am very confi- dent it is) how could any of those of Quibbeck have any Intelligence of a Breach? considering likewise they must have been 3 months on their march already, & 9 weeks since all was peace in Europe. Certaine I am Courtsell dare not Commence a Warr on his own head especially such a one where of necessity hee must carry it on victo- riously or hee is utterly ruined, there being noe Doore left for him for a Retreat. Perhaps ye apprehensions of obstructing some of ye remote Indians from visiting and tradeing with you may be a Consideration that beares most probability with it; since that may be performed with a party only, and how to prevent it I can not at this distance conjecture. At least till Stechtnoes Return, who may perhaps bring more cleare Intelligence ; In the meane time it will bee but prudence to manage these Alarums to our best advantage and to use those meanes that shall best conduce to our safety ; To which end It will be ne- cessary that in ye first place a good & careful Correspond- ence be maintaind between Albany & Schanechtidee, ffor I look on that as a Frontier; & that ye Inhabitants of that place putt themselves into some posture of Defence by keeping out schouts, and makeing some Block House which may give some Check to ye Enemy in case he should presume to advance into his Royall Highness Dominions.
Next that at Albany a strict List be drawn of all able persons to beare Armes, and they to have their Armes visited with provision of Ammunition proportionable.
That ye Horse likewise make an Appearance and those to be putt into a good posture likewise ;
That out of each squadron one be constantly sent to schout between you and Schanechtide to doe ye like further into ye countrey & that these schouts be constantly re- lieved.
26
Records of the Court of Assize.
It were well that a Guard were kept in Towne By ye Burghers but withall Care must be had that they be not too much harrast, least when occasion offers they then prove unactive; But above all keep up their spiritts. & lett them not know ye Danger (when it shall happen) till they be in the midst of it.
For ye Forte I know Salisbury will be Active to putt all Things into a Readyness, as I have written to him in particular concerning that Affaire, I purpose speedily to be with you; but would gladly receive my Masters Pac- quett which in all probility is not far from us.
I have read ye Jesuites Letter & look on it only as French Rant, when I come up I shall then have leisure to discourse more close with him. I can think of noe more at present, only I rely on your wonted Care & Committ all Affaires to your prudent Managery till my Comeing to you, And so Comitting you to Gods protection I remaine Your affectionate Friend
FRANC: LOVELACE.
N: Yorke, July ye 6th, 1671.
The Governour's Letter to ye Commissaryes at Albany. Fort James in New Yorke this 24th day of January, 1669.
Gentlemen-I Received your Letter of ye 8th of January by ye Indian by which I understand of your health & wel- fare which to me was a most welcome New Yeares guift & as it hath beene my sole Consideration your peace & happiness so ye continuance of it shall be my chiefest study I am glad all ye Indians are well disposed as to Imploy themselves to ye Beauer hunting I doubt not but you will receive ye good effects of it by your next yeares handling by which tyme I am in greate hopes to Constitute a firme peace with ye Indians now in Hostility with each other & am sorry I have hitherto brought it to no greater per- fection but must withall assure you ye fault lay not in ye least on my parte in regard Mr. Winthrop who governes those Indians (by an accident of ye Indisposition of his Wife) has beene absent from his Gouernment all this sum- mer & Retorned not till ye Churlishness of ye winter forbad all manner of Intercourse. In ye Spring I am resolved to
27
Records of the Court of Assizes.
proceed in ye worke of making a Generall peace. To which end I have already made some preparation there- unto which I beseech God to blesse It tending so much to ye universall benefitt of those partes & perticuler yours. There is not anything of moment you have in perticuler Recomended to me if you had I should have answered your desires. If any thing falls out in ye Interim I must recomend it to your prudent management till I have ye favour to see you which I purpose this summer In ye mean tyme I recomend you to ye protection of him who is able to stand by you in all Extremityes which God I be- seech to blesse & guide you & him who is
Your assured freind, FRAN. LOUELACE.
October (1672) .- Capt. Silvester Salisbury, Justice of ye peace at Albany.
1
(28)
CAPITULATION
OF THE
DUTCH TO THE ENGLISH.
These Articles following were consented to by the Per- sons here-under subscribed, at the Governour's Bouwery, August the 27th Old Style, 1664.
I. We consent That the States General, or the West- India Company, shall freely injoy all Farms and Houses (except such as are in the Forts) and that within six months, they shall have free Liberty to transport all such Arms and Ammunition, as now does belong to them, or else they shall be paid for them.
II. All Publique Houses shall continue for the Uses which they are for.
III. All People shall still continue free Denizens, and shall injoy their Lands, Houses, Goods, wheresoever they are within this Country, and dispose of them as they please.
IV. If any Inhabitant have a Mind to remove himself, he shall have a Year and six Weeks from this day, to re- move himself, Wife, Children, Servants, Goods, and to dispose of his Lands here.
V. If any Officer of State, or Publique Minister of State, have a Mind to go for England, they shall be transported Fraught free, in his Majesty's Frigotts, when these Frigotts shall return thither.
VI. It is consented to, that any People may freely come from the Netherlands, and plant in this Colony, and that Dutch Vessels may freely come hither, and any of the Dutch may freely return home, or send any Sort of Mer- chandize home, in Vessels of their own Country.
VII. All ships from the Netherlands, or any other Place, and Goods therein, shall be received here, and sent hence, after the manner which formerly they were, before our coming hither, for six months next ensuing.
VIII. The Dutch here shall injoy the Liberty of their Consciences in divine Worship and Church Discipline,
29
Capitulation of New Netherland.
IX. No Dutchman here, or Dutch Ship here, shall upon any occasion, be pressed to serve in War against any Na- tion whatsoever.
X. That the Townsmen of the Manhattans, shall not have any Soldiers quartered upon them, without being satisfied and paid for them by their Officers, and that at this present, if the Fort be not capable of lodging all the Soldiers, then the Burgomasters, by his Officers, shall ap- point some Houses capable to receive them.
XI. The Dutch here shall injoy their own Customs concerning their Inheritances.
XII. All Publique Writings and Records, which concern the Inheritances of any People, or the Reglement of the Church or Poor, or Orphans, shall be carefully kept by those in whose Hands now they are, and such Writings as particularly concern the States General, may at any Time be sent to them.
XIII. No Judgment that has passed any Judicature here, shall be called in Question, but if any conceive that he hath not had Justice done him, if he apply himself to the States General, the other Party shall be bound to answer for the supposed Injury.
XIV. If any Dutch, living here, shall, at any Time desire to travaile or traffique into England, or any Place, or Plantation, in Obedience to his Majesty of England, or with the Indians, he shall have (upon his Request to the Governor) a Certificate that he is a free Denizen of this Place, and liberty to do so.
XV. If it doe appeare, that there is a publique Engage- ment of Debt, by the Town of the Manhattoes, and a way agreed on for the satisfying of that Engagement, it is agreed, that the same way proposed shall go on, and that the Engagement shall be satisfied.
XVI. All inferior Civil Officers and Magistrates, shall continue as now they are, (if they please) till the custom- ary Time of new Elections, and then new ones to be chosen by themselves, provided that such new chosen Magistrates shall take the Oath of Allegiance to his Ma- esty of England, before they enter upon their Office.
XVII. All Differences of Contracts and Bargains made
30
Capitulation of New Netherland.
before this day, by any in this Country, shall be deter- mined, according to the Manner of the Dutch.
XVIII. If it doe appeare, that the West-India Company of Amsterdam, do really owe any Sums of Money to any Person here, it is agreed that Recognition, and other Du- ties payable by Ships going for the Netherlands, be con- tinued for 6 Months longer.
XIX. The Officers, Military, and Soldiers, shall march out with their Arms, Drums beating, and Colours flying, with lighted Matches; and if any of them will plant, they shall have fifty Acres of Land set out for them; if any of them will serve as Servants, they shall continue with all Safety, and become free Denizens afterwards.
XX. If at any Time hereafter, the King of Great- Brit- ain, and the States of the Netherland, do agree that this Place and Country be re-delivered into the Hands of the said States, whensoever his Majestie will send his Com- mands to re-deliver it, it shall immediately be done.
XXI. That the Town of Manhattans shall choose Depu- tyes, and those Deputyes shall have free Voyces in all publique Affairs, as much as any other Deputyes.
XXII. Those who have any Property in any Houses in the Fort of Aurania, shall (if they please) slight the For- tifications there, and then enjoy all their Houses, as all People do where there is no Fort.
XXIII. If there be any Soldiers that will go into Hol- land, and if the Company of West-India in Amsterdam, or any private Persons here will transport them into Holland, then they shall have a safe Passport from Colonel Richard Nicholls, Deputy-Governor under his Royall Highness, and the other Commissioners, to defend the Ships that shall transport such Soldiers, and all the Goods in them, from any Surprizal or Acts of Hostility, to be done by any of his Majestie's Ships or Subjects. That the Copies of the King's. Grant to his Royal Highness, and the Copy of his Royal Highness's Commission to Colonel Richard Nicholls, testified by two Commissioners more, and Mr. Winthrop, to be true Copies, shall be delivered to the honourable Mr. Stuyvesant, the present Governor, on Munday next, by Eight of the Clock in the Morning, at
31
Capitulation of New Netherland.
the Old Miln, and these Articles consented to, and signed by Colonel Richard Nicholls, Deputy-Governor to his Royal Highness, and that within two Hours after the Fort and Town called New- Amsterdam, upon the Isle of Man- hatoes, shall be delivered into the Hands of the said Colo- nel Richard Nicholls, by the Service of such as shall be by him thereunto deputed, by his Hand and Seal.
JOHN DE DECKER,
ROBERT CARR,
NICH. VERLEET,
GEO. CARTERET,
SAM. MEGAPOLENSIS,
JOHN WINTHROP,
CORNELIUS STEENWICK,
SAM. WILLYS,
OLOFFE STEVENS VAN KORTLANT, THOMAS CLARKE,
JAMES COSSEAU,
JOHN PINCHON.
I do consent to these Articles, RICHARD NICOLLS.
4
( 32 )
CHARTER
OF LIBERTYS AND PRIVILEGES,
GRANTED BY
HIS ROYAL HIGHNESS TO THE INHABITANTS OF NEW-YORK AND ITS DEPENDENCIES.
Passed, Oct. 30, 16:3.
For the better establishing the Government of this pro- vince of New-York, and thatt Justice and Right may bee equally done to all persons within the same : Bee it enacted by the Govern'r, Councell, and Representatives now in gen'all assembly, mett and assembled, and by the authority of the same,
Thatt the Supreme legislative Authority under his Ma- jesty and Royall Highnesse James, Duke of Albany, &c., Lord proprietor of the said province, shall forever bee and reside in a Governour, councell and the people, mett in Gene'all Assembly.
That the Exercise of the Chiefe magistracy and admin- istration of the government over the said Province shall be in the said Govern'r; assisted by Councell, with whose advice and consent, or with at least four of them, hee is to rule and govern the same according to the laws thereof.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.