USA > New York > Albany County > Albany > The annals of Albany, Vol. IV > Part 3
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Thatt in case the Governour shall dy or bee absent out of the province, and thatt there bee no person within the said province, commissionated by his Royall Highnesse his heyres or sucessors, to bee Governour or Commander in Chief there, thatt then the Councell for the time being. or so many of them as are in the said province, do take upon them the Administracon of the government, and the Execucon of the laws thereof, and powers and authoritys belonging to the Governour and councell. The first in nominacon, in which councell is to preside untill the said Governour shall returne and arrive in the said province
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Charter of Liberties and Privileges.
againe, or the pleasure of his Royall Highnesse, his heyres or successors, bee further known-
Thatt, according to the usage, custome, and practice of the Realm of England, a sessions of a generall assembly bee held in this province once in three yeares at least.
That every ffreeholder within this province, and ffree- man in any corporacon, shall have his free choice and vote in the Electing of the representatives, without any manner of constraint or imposition, and that in all Elec- tions the Majority of Voices shall carry itt, and by ffree- holders is understood every one who is so understood according to the laws of England.
That the persons to bee elected to sitt as representatives in the Generall assembly from time to time for the several Cittys, Towns, Countyes, Shires, or divisions of this pro- vince, and all places within the same shall bee according to the proporcon and number hereafter expressed-That is to say-For the city and county of New York four- For the county of Suffolk two-For Queen's county two -For King's county two-For the county of Richmond one-For the county of Westchester -For the county of Ulster two-For the county of Albany two- And for Schanectade, within the said county, one -* For Duke's county one-For the county of Cornwall one .*
And as many more as his Royall Highness shall think fit to establish.
Thatt all persons chosen and assembled in manner aforesaid, or the major part of them, shall be deemed and accounted the representatives of this province, which said representatives, together with the Governor and his coun- cell, shall forever be the supream and only legislative power under his Roy'll Highnesse, of the said province-
Thatt the said representatives may appoint their own times of meeting during their sessions, and may adjourn their house, from time to time, to such time as to them shall seem meet and convenient.
That the said representatives are the sole Judges of the Quallificacons of their own members, and likewise of all
* Dukes and Cornwall counties do not appear ever to have sent members to General assembly.
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Charter of Liberties and Privileges.
undue elections, and may, from time to time, purge their house as they shall see occasion dureing the said sessions.
Thatt no Member of the Generall Assembly, or their servants, during the time of their sessions, whilest they shall be going to or returning from the said assembly, shall be arrested, sued, imprisoned, or any wayes molested or troubled, nor bee compelled to make answer to any suite, bill, plaint, declaracon or otherwise, cases of high treason or felony only excepted-provided the number of the said servants shall not exceed three.
That all bills agreed upon by the said Representatives, or the major part of them, shall be presented unto the Governour and his councell for their approbacon and con- sent, all and every which said bills so approved of and consented to by the Governor and his Councell, shall bee esteemed the Lawes of the province; which said lawes shall continue and remaine in force untill they shall bee repeeled by the Authority aforesaid : That is to say, The Governour, Councell, and Representatives in Generall Assembly, by and with the approbation of his Royal High- nesse, or expire by their own limitations.
Thatt in all cases of death or removeall of any of the said Representatives, the Governour shall issue out sum- mons by Writt to the respective Townes, Cittyes, Shires, Countyes or Divisions for which hee or they so removed or deceased, were chosen, willing and requiring the ffrec- holders of the same to elect others in their place and stead.
Thatt no ffreeman shall be taken and imprisoned, or bee disseized of his ffreehold or liberty, or free customes, or bee outlawed or exiled, or any other wayes destroyed, nor shall be passed upon, adjudged or condemned, butt by the lawfull judgment of his peers, and by the law of this pro- vince, justice nor right shall bee neither sold, denyed, or deferred to any man within this province.
That no aid, tax, tallage, assessment, custom, loane, benevolence, or imposition whattsoever, shall bee layed, assessed, imposed, or levyed on any of his Majesties sub- jects within this province, or their Estates uppon any Manner of colour or pretence, butt by the act or consent of
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Charter of Liberties and Privileges.
the Governor, counsell and representatives of the people in generall assembly mett and assembled.
Thatt no Man, of whatt Estate or Condicon soever, shall be putt out of his lands or tenements, nor taken nor imprisoned nor disinherretted, nor banished, nor any wayes destroyed, without being brought to answer by due course of law.
Thatt a ffreeman shall not bee amerced for a small fault, butt after the manner of his fault, and for a great fault after the greatnesse thereof, saving to him his ffree- hold, and a husbandman saving to him his wainage, and a merchant likewise saving to him his Merchandize, and none of the said amerciaments shall bee assessed butt by the oath of twelve honest and lawful men of the vicin- age-provided the faults and misdemeanours be not in contempt of courts of Judicature.
All tryalls shall bee by the Verdict of twelve men, and as near as may bee, Peers or Equalls of the Neighbour- hood, and in the County, Shire, or Division where the fact shall arise or grow, whether the same bee by Indictment, Informacon, Declaracon, or otherwise, against the person, offender, or defendant.
That in all cases capitall or criminall, there shall be a grand Inquest, who shall first present the Offence, and then twelve Men of the Neighbourhood to try the Offender, who after his plea to the Indictment, shall be allowed his reasonable challenges.
Thatt in all cases whatsoever Bayle, by sufficient suretys, shall be allowed and taken, unlesse for Treason or ffelony, plainly and specially expressed and menconed in the War- rant of Commitment ; provided alwayes, that nothing herein conteyned shall extend to discharge out of prison, uppon Baile, any person taken in execucon for debts, or other- wise legally sentenced by the judgment of any of the Courts of Record within this province.
Thatt no ffreeman shall be compelled to receive any marriners or souldiers into his house, and there suffer them to sojourne against their wills; Provided alwaye, it be not in time of actuall war within this province.
Thatt no commissions for proceeding by martial law
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Charter of Liberties and Privileges.
ag'st any of his Ma'ties subjects, within this province, shall issue forth to any person or persons whatsoever, least by colour of them any of his Ma'ties subjects bee destroyed or putt to death, except all such officers, per- sons and souldiers in pay throughout the Government.
That from henceforward no lands within this province shall be esteemed or accounted a chattle or personall Estate, but an Estate of Inheritance according to the customes and practice of his Majestye's realme of Eng- land.
Thatt no Court or Courts within this province have, or att any time hereafter shall have any Jurisdiccon, power or authority, to grant out any execucon or other writt, whereby any man's land may bee sold, or any other way disposed of, without the owner's consent; Provided alwayes, that the issues or meane profitts of any man's land shall or may bee extended by execucon or otherwise. to sattisfy just debts, any thing to the contrary hereof in any wise nottwithstanding.
That no Estate of a ffeme covert shall be sold or con- veyed butt by deed acknowledged by her in some Court of Record, the woman being secretly examined, if shee doth it freely without threats or compulsion of her hus- band.
Thatt all wills in writing attested by two credible Wit- nesses, shall be of the same force to convey lands as other Conveyances being registed in the Secretarye's office within fforty days after the testator's death.
Thatt a Widdow, after the death of her husband, shall have her dower, and shall and may tarry in the chiefe house of her husband forty days after the death of her husband, within which forty days her dower shall bee as- signed her, and for her dower shall be assigned unto her the third part of all the lands of her husband during co- verture, except shee were endowed with lesse before mar- riage. That all lands and heritages within this province and dependencyes, shall bee free from all ffines and lycen- ces upon alienacons, and from all heriotts, wardships, liveries, primier seizins, year, day, and wast, escheats, and forfeittures upon the death of parents or ancestors, natu-
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Charter of Liberties and Privileges.
rall, unnaturall, casuall or judiciall, and thatt for ever, cases of High Treason, only excepted.
Thatt no person or persons, which proffesse ffaith in God by Jesus Christ, shall, at any time, be any wayes molested, punished, disquieted, or called in question for any difference in opinion or matter of religious concernment, who do nott actually disturb the civill peace of the pro- vince, butt thatt all and every such person or p'sons may, from time to time and at all times, freely have and fully enjoy his or their judgments or consciences in matters of religion throughout the province, they behaving themselves peaceably and quietly, and nott using this lyberty to Ly- cenciousnesse, nor to the civill injury or outward disturb- ance of others: Provided alwayes, Thatt this liberty, or any thing conteyned therein to the contrary, shall never be construed or improved to make void the settlement of any publique minister on Long Island, whether such settlement bee by two thirds of the voices in any Towne thereon, which shall alwayes include the minor part; or by the subscriptions of particular inhabitants in said townes; Provided, they are the two thirds thereof: Butt that all in such agreements, covenants and subscriptions thatt are there all ready made and had, or thatt hereafter shall bee in this manner consented to, agreed and sub- scribed, shall at all time and times hereafter, bee firm and stable; and in confirmation hereof, it is enacted by the Governour, Councell and Representatives, That all such summs of money so agreed on, consented to, or subscribed, as aforesaid, for maintenance of such publique ministers, by the two thirds of any towne on Long Island, shall alwayes include the minor part, who shall bee regulated thereby: and also such subscriptions and agreements as are beforemenconed, are and shall bee alwayes ratifyd, performed and payd, and if any towne on said Island, in their publique capacity of agreement with any such minis- ter or any perticular persons, by their private subscriptions as aforesaid, shall make default, deny or withdraw from such payments so covenanted to, agreed upon, and sub- scribed, thatt in such case, upon complaint of any Collector appointed and chosen by two thirds of such towne upon Long Island, unto any Justice of that County, upon his
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Charter of Liberties and Privileges.
hearing the same, he is hereby authorized, impowered, and required to issue out his warrant unto the constable or his deputy, or any other person appointed for the col- lection of said rates or agreement, to levy upon the goods and chattells of said delinquent or defaulter, all such summes of money so covenanted and agreed to be paid, by distresse, with costs and charges, without any further suit in law, any law, custome or usage to the contrary in any wise, notwithstanding; Provided alwayes, the said summe or summes bee under fforty shillings, otherwise to be recovered as the law directs.
And whereas, all the respective Christian Churches now in practice within the Citty of New-Yorke, and the other places of this province, do appear to bee priviledged Churches, and have been so established and confirmed by the former authority of this Government; Bee it hereby enacted by this present Generall Assembly, and by the Au- thority thereof, That all the said respective Christian Churches be hereby confirmed therein, and thatt they and every of them shall from henceforth, forever, be held and reputed as priviledged churches, and enjoy all their former freedomes of their religion in divine worship and church discipline : and thatt all former contracts made and agreed on for the maintenance of the several ministers of the said Churches, shall stand and continue in full force and ver- tue, and thatt all contracts for the future to bee made, shall be of the same power; and all p'sons that are un- willing to performe their part of the said contract, shall bee constrained thereunto by a warrant from any Justice of the Peace: Provided itt bee under forty shillings, or otherwise, as the law directs: Provided allso, That all other Christian Churches that shall hereafter come and settle within this province shall have the same priviledges.
A continued bill for defraying the requisite charges of the government.
[This continued bill grants certain duties on liquors, merchandizes, &c. to the Governor, for the support of government, and is on the same engrossed bill with the foregoing "charter of libertys," &c, and passed with it.] New Yorke, Oct. 26, 1683.
The Representatives haye assented to this bill, and
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Charter of Liberties and Privileges.
order it to bee sent up to the Governo'r and Councell for their assent. M. NICOLLS, Speaker.
After three times reading, it is assented to by the Go- vernour and Councell this thirtieth of October, 1683.
THO. DONGAN. . John Spragge, Clerk of the Assembly.
N. B. It is worthy of remark, that the Crown, in 1697, repealed a law very similar in its provisions to the pre- ceding charter, &c. entitled " An act declaring what are the rights and priviledges of their Majestyes subjects in- habiting within the province of New-Yorke." This act may be seen at large in Br. ed. pages 1, 2, 3, 4, &c. and was passed in 1691. Vide also Smith's History of New York, 76, in notes. It is presumed that the foregoing Charter of Lybertys, &c. shared the same fate, though no record has yet been met with, to ascertain the fact.
By "an act to divide the province and dependencies into shires and counties, passed Nov. 1, 1683, the county of Albany to conteyne the towne of Albany, the colony of Renslaerswyck, Schonecteda, and all the villages, neigh- bourhoods, and Christian plantacons on the east side of Hudson's River, from Roelof Jansen's Creeke, and on the west side from Sawyers Creeke to the Saraghtoga."
In April, 1691, [Vide Bradford's edition of 1710] an act was passed entitled, " An act to divide this province and dependencies into shires," similar to the preceding, except in the following: The county of Albany-" the towne of Albany," omitted to be named-" Colony of Renslaerswyck," called " The Mannor of Ranslaerswyck ;"' and instead of "to the Saraghtoga," is substituted "to the uttermost end of Sarraghtoga."
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THE ALBANY RECORDS.
These records, which are so denominated by common consent, although they were kept in New York by the secretary of the Dutch West India Company, embracing a period of about forty years from 1638, were translated by order of the legislature. FRANCIS ADRIAN VANDER- KEMP having been employed for that purpose, deposited 24 volumes in the office of the secretary of state in 1819. We have gleaned from them the following items relating to Albany and its citizens :
Copy of an account from Cornelis Melyn Merchant, in the vessel named the Arms of Norway.
The account made up on the 4 Aug. with Michiel Jansen for fare, for himself his wife and two children, amounting to the sum of one hundred and forty gl. six- teen st., f 140:16 .*
Mr. Van Rensselaer shall please to pay to Cornelis Melyn or order, the said sum of f 140:16. was signed Michiel Jansen.
The account made up of Tonis Dirksen his wife and child on the 4th Aug. besides his two servants, for all whom the fare amounts to hundred forty one gl. and fourteen st. f 141:14.f
Mr. Van Rensselaer shall please to pay to Cornelis Melyn, or order, the sum of one hundred forty one gl. fourteen st. x mark of Tonis Dirksen.
Sir Kilian Van Rensselaer shall please to pay for sun- dries which we wanted, the sum of f23:12 } for
MICHIEL JANSEN.
On the 4th of Aug. the account was made up with Jan. Michiels for fare for him and his little boy, amounting to fifty gl.
Mr. Van Renselaer pays fifty gl. to Cornelis Melyn or order was signed by Jan Michielsen, Taylor.
Mr. Van Renselaer shall please to pay to Cornelis Melyn or order f 27 in behalf of Adriaen Cornelissen, of
* £23 9s 4d. 1.£23 12s. 4d. # £3 19s. 4d.
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The Albany Records.
Barsingerhoon, and will be pleased to pay farther f2:10, which were received in Texel.
To wages for Michiel in conducting horses, f8. Three tons of beans for the horses, the ton a 7 is f 21. For the freight of horses, as by invoice, f 1000.
Michiel Jansen owes, f 140:16
Tonis Dirksen, . 141:14
said Michiel Jansen, yet, 23:12
Adriaen Cornelissen, 29:10
For horses f8, beans f21,. 29:00
Jan Michielsen, . 50:00
For freight and sundries, 1000:00
f 1413:12
From this sum must be deducted what the director, Kieft, paid to Melyn, and with which could not be dispensed, . f 111:03
So that a clear balance remains due to him of f 1302:9* Vol. i, p. 36-7.
This day the 22 March, XVI xxxix, appeared before me, Cornelis Van Tienhoven, secretary of the general pri- vileged West Indian Company in New-Netherland, in presence of the undersigned witnesses, Gillis Pieterson, Van der Gouw, old about 27 years, actually a house car- penter in the island Manhattans, well known to me, secretary; who solemnly declared at the request of the honorable William Kieft, director general in New- Netherland, that it is true that he during the direction of Wouter Van Twiller has assisted in nearly all the build- ings which have been constructed during that period, and that he knows what buildings have been made during the administration of said Van Twiller for the service of the company. On Fort Orange, &c.
" In said Fort, an elegant large house, with a balus- trade, &c., by Dirk Cornelissen of Wesel.
In the same Fort 8 small dwellings for the people.
Vol. i, p. 85.
* £17 1s. 6d.
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The Albany Records.
When and to whom (or what price) the stock on the six farms on the island of Manhattans have been dis- posed.
1 mare of the farm N. 4, sold to John Evertsen,
1 - of 66 N. 4, to Cornelis VanVorst. 2 - of
N. 5, 66 to Jacob Van Corlear. 1 - of 66 N. 6, 2 .
66 to Anthony Jansen
1 stallion of 66 N. 6, 5 " Van Salee.
1 mare of N. 1, the farm of Wouter Van Twiller.
and by him sold to John Evertsen.
The 2 mares which said Van Twiller ought to have provided, is uncertain, if he did so or not.
4 mares of N. 2 & 3 have been sent to Fort Orange in the colonie to Mr. Van Renselaer, and remain yet the property of the companies, as appears from the memoir of late director Van Twiller.
2 milch cows from N. 4 to Cornelis Van Voorst. 2 N. 6, which were sent to the colonie of Mr. Van Renselaer.
4 in said colonie from N. 2 & N. 3.
2 from N. 5 have been killed in the time of Minuit.
2 cows from N. 6, being Van Twiller's farm, it is un- certain if these were transferred to the company. All the remaining stock from N. 2 & 3 has been driven off to the colonie of Renselaerwyck.
Of the sheep N. 5, on said director Van Twiller sold the half to Ba. Dirksen, and the other half made to answer - a debt of said Barend to the company, as he said, and were sent to the colonij of Mr. Van Renselaer.
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The above is all that is known of said stock. Vol. i, p. 90.
By Bastiaen Jansen Crol was at Fort Orange arrested 16 beavers, of which the proprietor could not be dis- covered-to whom is allowed by order of the Hon. Director 15 st. for each beaver to be placed to his ac- count .- Vol. ii, p. 126. 20 June, 1641.
8 Octr. 1644. Symon Pos, plaintiff, contra Adriaen Van der Donck, defendant, in a case of appeal from an inter-
The Albany Records. 43
locutory judgment pronounced by the court in Rense- laerwyck.
The Hon. Directors General and Council in New Nether- land, having examined a law suit in a case of slander, with the judgment of said court between parties; having heard both sides and considered maturely every point, so is it, that the Director and Council are of opinion that the judgment is correct and the appeal to this court un- seasoned, wherefore they decree that said judgment shall be executed in every part, and condemn the aforesaid Symon Pos, in the costs of the suit, b. sides a fine of f 10 for the building of the church.
The Attorney General, plaintiff, contra Jan Symensen, skipper in Renselaerwyck, defendant :
Decreed that the Attorney General shall d. liver a copy of the indictment to the defendant, that he may answer it in formz.
Willem de Pey, attorney of Govert Loockmans, plaint- iff, contra Nicolas Coorn, Sheriff in Renselaerwyck, defendant; because the defendant hath damaged the ves- sel of Loockmans, by firing at it-when the Attorney General stept forward to prosecute the defendant, in be- half of the government in New Netherland.
Having seen and examined the affidavits obtained and confirmed with oath at the requisition of the Attorney General, and considering the protest and warning made by the same Attorney General to the defendant to pay the damages, which he occasioned by firing on the plaint- iff's yacht, to be valued by two impartial men as arbitra- tors, and to forbid him seriously never to do so again, under the penalty of corporal punishment, that he further must obtain from the Patroon his approbation of said judgment, confirmed by authority. If he fails in this respect, then conclusion of the Attorney General against him shall be put in execution, while the defendant must in the mean while remain within the limits of New Netherland. Vol. ii, p. 274-5.
Symon Dircksen Pos, plaintiff, contra Adriaen Van der Donck, defendant, in a case of arrest. Decreed that
5
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The Albany Records.
Van der Donck has no longer any further claim on the beavers, except as his interest arising from the last judg- ment has a bearing.
The Attorney General is commanded to inquire what the schedule contained, which Symon Pos hath affixed in Fort Orange. Vol. ii, p. 275.
Whereas the Director and Council have decreed to receive the duty (recognition) on beavers, because the distressing situation and the welfare of the country require it, so is it, that the same recognition must be paid from the wares and merchandises, laden in the ship Renselaerwyck, wherefore, they command, that it must not sail without having paid it, under the penalty of con- fiscation.
Done in Fort Amsterdam in New Netherland, the 22d Oct, 1644.
Vol. ii, p. 276.
On the 3 November 1644. The Attorney General, plaintiff, contra Symon Volckertsen from de Streeck, prisoner on theft.
Aforesaid Symon Volckertsen, old 20 years declares and confesses voluntarily that Anthony Peters some time past assisted him in stealing four beavers from the shallop of Egbert Van Borssum, which he enveloped in a blanket, carried on shore and offered for sale to Martin Crieger, when he could not sell the beavers there, then Anthony his Accomplice took these and carried the beavers to Schepmoes, to whom he sold them at f2:10 the piece, he said, he sold two at f7, and one at f2:10. He knows not what Anthony obtained for the fourth; he took in payment brandy which they sipped out together.
Vol. ii, p. 278.
The Directors and Council in New Netherland having seen the conclusion of Cornelis Van Stogpens, Attorney General, against Symon Volckertsen, born in de Streeck (Hicht Van Sctrecht) on theft committed by him in the yacht Prince William-to which he belongeth-which delinquent voluntarily confessed, that he stole four beavers belonging to the skipper being before as sus- pected of theft set on shore from the yacht, Eindragt,
* £1 3s. 41. £ ,, Ss. 4d.
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The Albany Records.
all which is tending to give a bad example, and spoil a whole commonwealth, and can not be tolerated in a land of justice, so is it, that we doing justice condemn said delinquent to be brought to the place where justice is executed to be there flogged with rods to an example and terrour of evil doers and farther to be banished out of the limits of New Netherland. 3 November 1644 to November.
Jan Schepmoes sayd, that Anthony Peters and Symon Wouters, sold him two beavers: Anthony said, these are not mine beavers they belong to Symon. Next day they brought one beaver more and sold this too :
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