USA > New York > Albany County > Albany > The annals of Albany, Vol. V > Part 11
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
April 19, 1707 .- The Petition of william and Catha- rine appel being Read it is Resolved that a Committie be appointed to vew ye minutes of ye Commonalty what from time to time hath been ordred & proceeded, Rela- ting to what he thereby setts forth & that that Committie doe make Return in Comonalty ye 22d Instant, to which end is appointed Committie John abeel Hendk hansen Esqrs abraham Cuyler & Johans Roseboom Esqrs & Johs D Wandelaer Junior & Dirk vanderheyden
April 23, 1707 .- Pursuant to y? Resolution of Com- mon Councill on y^ 19th Instant the Committe then
151
The City Records ..
appointed Doe Return ye following Report to witt, Wee under written being by ye Mayr Record aldermen and Comonalty appointed a Committee to Enquire into ye Petition of William & Catharine appel Relating ye break- ing doune of ye house of adriaen appel decd in feby 16gg doe fine that ye same hath been Removd by order of ye Civill and military Majistrates of ys Citty but at ye Costs of ye Publick, are therefore of opinion yt a Reasonable Recom- pence ought to be made for the said house by the govern- ment To which end in our opinion is the only way to lay the Same before the next Generall meeting of assembly for ys Colony humbly Requesting that assembly to Raise a fund to satisfy the Losses of the Severall houses then Removd
was signed
JOHN ABEEL HENDK HANSEN JOHANS ROSEBOOM ABRAHAM CUYLER JOHS D WANDELAER
Albany ye 21st aprill 1707
Which Report being Read is approoved of and ordred that an addresse be draune accordingly to lay before the next generall meeting of assembly & that the- Mayor Re- cord Mr hansen & Mr Roseboom Esqrs, Gerrt Roseboom & Dirk vanderheyden or any three of them be present at y^ drawing of ye sd Petition
It is further Resolved that a proclamation be Issued that no person or persones shall buy or take in pand any Cloathing or any acuterments belonging to ye souldiers of this garrison upon penalty of forfeiting such fines as at y' discretion of any Justice of the peace shall be amercd, & such Cloathing or acuterments to be Restord without Recompence or paymt of ye same, and that ye wood be Removed from ye streets of this Citty Except timber wood, by ye ouners thereof before ye first of may next Ensueing upon penalty of forfeiting the sume of six shillings for ye behooffe of the sherriffe who is to sue for the same
It is further ordred that warning be given to ye way masters that they forthwith order the streets of this Citty to be cleared & ye water Courses opend by ye Inhabitants of ye Respective wards.
152
The City Records.
It is further ordred that in ye above Proclamation it be Inserted that such hogs are not sufficiently Ringd so that they can doe noe damage in Rooting up ye ground it shall & may be lawful for any person or persones whatsoever to seize upon such hog or hogs for his or there behooffe
Att a Mayors Court held in the Citty hall the 6 day of may 1707 .- Present David Schuyler Esqr Mayr. Hend Hansen Johs Cuyler Johs Roseboom Thomas williams aldermen
After yt ye Court was opend Robt Livingston Clark of this Citty acquainted ye Mayr & aldermen yt he had now been Clerk of this Town from ye year 1675 & so Contin- ued by virtue of ye governours Commission & ye Com- mission of his late Majst K: wm of glorious memory & Confirmd by her psent Majesty queen Anne, yt he had Employed his nephew R' Livingston Junr for 13 years Past to be his Deputy by virtue of his said Commission, & yt now having his son Philip come to age was designd to put him in as his Deputy whom he hoped would be acceptable to ye Court & as shall assure ye Gentn when he was in Toun he would Constantly attend at all of there . meetings & assist with his advise to ye utmost of his Pouer, both at ye Mayors Court & at ye Common Councill
Whereupon ye Mayr & aldermen accepted the Sd Ph: Livingston as Deputy of ye Sd Rt Livingston his Father, & orderd it to be Entred in ye minutes accordingly, & yt he should take his oath as Deputy Clerk, in gen Court which he did & ye oath is as follows
Whereas yu are appointed Deputy Clerk of this Court you doe Swear by ye Everliving god yt yu will Faithfully & diligently pform ye Sd office to ye best of yr skill & understanding yt ye Secrets of ye Court & Common Coun- cill you will keep, together with ye Books & Records of ye Citty yu will faithfully keep & deliver true Copies of Such Records as are proper to be Delivered; So help yu god
Whereupon ye Court adjourned till this day fortnight
153
The City Records.
This following Proclamation was Publis'd this 6th of may 1707
By the worshipfull Mayor aldermen & Commonality of the Citty of Albany
. A PROCLAMATION.
Whereas Severall Persons for their Private Lucre & gain doe buy & take in Paun, of The Souldiers of her majts Establishd Companys in this garrison, their cloath- ing & acutrements, by wh means they are Rendred inca- pable of Doing their duty, & are often inveigled to drink to Excesse, we doe therefore hereby Strictly Prohibite ye buying, Receiveing, or detaining, any Cloathing or acutrements belonging to any Souldier or Souldiers of this garrison, & if any Citizen Inhabitant, or Sojourner of this Citty doe after ye Publication hereof, Persume to by or take in Paun, any such Cloathing & acutrements, of any Souldier upon due Prooff thereof before any of her majs Justices of ye Peace, such Person or Persons Shall be find & amersd at ye discretion of Such Justice before whom is Convict, & Cloathes & acutrements to be Restored without Recompence or Payment
The Inhabitants are also warned by these Presents to Remove their firewood from ye Streets, & to Pile up their. timber, for building, according to ye former Practice in ye Space of eight days, upon ye forfeiture of Six Shillings for ye behooff of ye Sheriffe, who is to take care yt this order be duly Executed
And whereas ye water courses throw ye Streets of this Citty are much decayd Particularly yt in ye Jonker Street, between ye hill & ye Church, ye overseers of ye highways of this Citty are hereby orderd & directed, forthwith to take care y' yº Same be. Cleerd & opend, by ye Inhabit- ants of each Respective ward.
An whereas notice has been given for ye Ringing ye hogs of this Citty, to Prevent their Roating up ye grasse, notwithstanding wh Diverse have neglected or Refused to Ring ym by wh great Dammage doth Insue, it is therefore hereby ordered, by ye mayor aldermen and Commonality aforesaid, yt hence forth it shall & may be
13
154
The City Records.
Lawful for any Person or Persons to Seize upon Such hogs not Ring'd for his or thir use, benefit & behooffe, as a forfeiter for their masters neglect. given at ye Citty hall of albany this 2d day of may in ye 6th year of her majs Raign Ano. Do. 1707
God Save the queen
Att a Common Council held in the Citty hall of albany the 12th of may 1707 :- Present David Schuyler mayr Evert Banker Hendk Hanse Johs Roseboom Johs Cuyler Tho: Williams aldern: Gerrit Rose- boom Daniel Ketelhuyn Johs D Wandlaer Junr Coenraet Ten Eyk Ab: Cuyler assts
It is Resolved by ye Common councill that the Sher- riff of this Citty, Shall gett man to Cleer the water Corses, high ways, & Brigges, of this Citty upon the Charge of the same
It is further Resolved yt such persons as yet have not Ride there Stockadoes & fyre wood must Ride ye Same before 26th may Next Ensueing & to give notice thereof by ye Cryer
May 20, 1707 .- Whereas the Comon Councill do find by fatal experience yt Severall of ye Inhabitants of ye Citty & County of albany do daily Encroach upon ye liberty and Priviledges of ye Sd Citty by trading without the Stockadoes I55 The City Records. Councill being willing that no man Should think himself oppressed or Injured by them in any thing relating to ye Premisses, that Even to Such persons might seem Con- trary to Law Resolve yt Roger Mompesson Esqr Chief Justice of ye Province of new yorke be asked his opinion whether by virtue of the Said Charter the Mayor Re- corder & aldermen Jointly or Sevelrally may grant Spe- ciall warrants under their hands & Seals, to Search the houses of Such Persons, Suspected for concealing Such Indian goods or with other warrant Relating to the Sd trade & that Hend: Hanse & Francis winne Esqrs now Repaireing to new york waite on the Chief Justice for his opinion under his hand directing the Same and yt the Charges mr. Hanse & mr. winne aforesaid may be at in obeying ye Chief Justices opinion be paid by the Corpo- ration of albany June 20, 1707 .- Pursuant to an act of Genll assembly Entitled a Bill to Enable the mayor Record aldermen & Comonality of the Citty of albany for the time being to raise moneys for Defraying their Publick & necessary Charges annually Published in new york the 21st october 1706 It is ordred by the mayor aldermen & Common Councill that the Summ of Sixty pounds be Rassed by a Tax upon the Freholders inhabitants Residents & So- journers of and in the Sd Citty & yt the mayor or Re- corder doe Issue his warrants to the assessors in this Citty to make Such assessement and Return the same unto the mayor or Record in the Space of Eight days next Ensueing as also that a warrant be Issued to the Collecter of the Sd Citty to Collect and pay the same unto the citty Treasurer at or before the first day of augt next Ensueing Resolved by the mayor aldermen & Commonalty of the Citty of albany for filling up the Church yard of the Sd Citty that the aldermen & assistance in their Respective ward for wh: they are Chozen doe inquire by all and every the Freeholders & inhabitants thereof for the volontary Contribution for filling up the Church yard. And that Mr Mayor doth Desyre the Justices in the 156 The City Records. County to Enquire each in his or their Respective ward or precinct in the Said County for the same Matter, and that Return be made to Mr Mayor on or before the Last day of this Instant June June 27, 1707 .- Upon the Request of Antho. Bradt Saexton to the Common Councill, yt he may have the liberty henceforth to cut the grase in ye burring Place for his benefit, the Commonalty Considering the Same doe grant liberty accordingly till further orders, Pro- vided that when the fence thereof is out of Repair yt he is to give Knowledge to the owners thereof, yt ye Same be kept in good Repair. By the worshipfull mayor aldermen and Commonalty of the Citty of albany A PROCLAMATION. Whereas Complaints are made that the want of a Pro- clamation Relating Indian trade is a great grievance to Severall Inhabitants of ys Citty whose Dealings depend most thereon when regular rules & Proclamations in that behalfe are made & provided wee doe therefore hereby in her majes queen ann's name publish & declare that no person or persons whatsoever within this citty Shall upon the arrivall of any Indian or Indians addresse themselfs nor Speak to them nor shall Entice them within or with- out the gates of ye Sd Citty by Signs or otherwise how- soever to trade with themselfs or any other persones, being thereof Convicted by Evidence of ye Sherriff his deputy or deputys or any other Persones, Shall forfeit and pay as a fine for Each Such offence if Committed without the gates of the Said Citty the Summ of three Pounds, if within ye Same ye Summ of Six Shillings . one third for ye behoofe of ye mayor aldm: & Common. alty of ye Sd Citty & two thirds for ye Sheriff or any other person who shall Sue for the Same before ye mayors Court of ye Sd Citty That no person or persones within this Citty Shall presume to take any Indian or Indians Squae or Squaes (Sachems Excepted when come about Public affaircs to 157 The City Records. treat with his Excell: ye governr or ye Commissioners appointed for ye Indian affairs) into their house with pack or packs of beaver or peltry upon pain & penalty of paying as a fine being Convicted as aforesd for Each Indian or Squae three Pounds for ye behooffe and to be Sued as aforesd & ye Indian or Indians Squac or Squaes with their pack or Packs Immediately to depart out of ye house without Trading directly or Indirectly upon pe- nalty of forfeiting as a fine for Every hour they Shall Stay long into ye house ye Sume of three pounds for ye behooffe and to be Sued as aforesaid That no person or persones whatsoever within ys Citty shall Send out or make use of any Broakers whither Christians and Indians in the managemt of the Indian trade upon pain & penalty of forfeiting a fine of three pounds for Each Such offence for ye behooffe off & to be Sued as aforesd. That no person or persones whatsoever within this Citty doe presume to trade or traffique with or by any means whatsoever directly or indirectly or Intice any In- dian or Indians so to doe or give any gifts upon Sabath day upon pain & penalty of forfeiting such goods so traded for as aforesaid as also upon pain & penalty of paying as a fine for each offence the sume of three pounds for the behooffe of such person as shall sue for ye Same & that this order shall be the more punctually observed it is ordred that the Constables of this Citty by turns on the sabath day do walk the streets with their Staffs in there hands to prevent the breach of the lords day & to hinder all manner of irregularityes whatsoever upon pe- nalty of Six Shillings That no person or persons shall with there wagon or wagons Cart or Carts horse or horses drive or Ride any Indian or Indians Squae or Squaes within tenn Rodd of the Citty Stockadoes of forfeiting the summ of three pounds for Each such offence further if it can be proved yt ye wagoner shall have accepted or Received from any Christian ye hyre for Driveing or Ryding any Indian or Indians Squae or Squaes the which being made appear ye wagoner & Such other Christian as shall have offered 158 The City Records. or given such hyre Shall Each forfeit as a fine the Sume of three. pounds for Each such offence That in Case any person or persons haveing Com- mitted any Such offence as before mentioned, and the sheriffe his Deputy or Deputys or any other Person or Persones shall on his and there owne accord have Con- tracted agree and made up the matter with such offender or with any body else by there means for a lesse sume of money then the fine or fines specifyed as aforesaid he or they being thereof Convicted by one or more Evidences shall forfeit as a fine ye Sume of Tenn Pounds for ye be- hooffe of mayr Recordr aldn & Commonalty who are to appoint one Person to Sue for the same This Proclamation is to Continue in force dureing the space of one full year Ensueing the date hereof pro- vided that all Indians & Squaes are hereby allowed to be admitted into any persons house within this Citty from pmo novemr next untill pmo aprill then next following given in albany this 17th day of June an in the Sixth year of her majs Reign Ao. Do. 1707 God Save the Queen June 19, 1707 .- After the Reading of a Petition from Severall Inhabitants of this Citty it is Resolved by ye mayor aldn & Commonalty that ye following Clause be added to the Proclamation Issued the 17th Instant Re- lating Indian trade Vizt That the River Indians & all other Indians or Squaes which shall come down hudsons River & also them that shall come up ye Sd River are free admitted into any per- sons house within this Citty with their Pack or Packs upon their own accord & not to be Inticed by signs or other wise upon pain & penalty & paying as a fine as in ye Proclamation Issued the 17th Instant setts forth given in albany this 19th day of June an in the Sixth year of her majs Reign ao Do 1707 god Save the Queen Whereas it is by act of assembly of this Province Enacted yt upon ye death or Removal of any assessor 159 The City Records. out of his ward or Precinct five justices of ye Peace are directed by warrant under their hands & seals to nominat and appoint an oyr assessor in ye Room & stead of him y' is so Removed, & whereas Barent Staets was Chosen assessor for ye first ward of this Citty who is removed with his family to he hoge Berg in ye manner of Rense- laerwyk we have therefore thought fit in ye Room & stead of ye Sd Barent Staets to nominate & appoint Harmanus wendel to be assessor for ye first ward of this Citty for ye Ensueing year, who is hereby requiredto take his oath & to Proceed to ye Sd office accordingly given under our hands & seals in albany this 23 of June 1707 DAVID SCHUYLER [I. S.] JOHS CUYLER [L. S.] JOHANNIS ROSEBOOM [L. s.] THOS WILLIAMS [L. s.] JOHANNIS MINGAEL [L. s.] And ye Said Harmanus Wendel was accordingly Sworn by Rob' Livingston one of her majes Justices of ye Peace of this Citty & County to Execute ye Sd office of assessor of ye first ward of this Citty for ye Ensueing year with- out favor or affection, malice or hatred. July 3, 1707 .- Pursuant to the Resolution in Common Council on the 10th of June Last The assessors of ye Citty have Returnd an Estimate of this Citty amounting to £13083 which is approved of & Laid 4 Stuyvers in wampum on the Pound which amounts to £65: 3: 3} & ordred yt a warrant be given to antho Bradt Treasurer for the Collecting of ye Sd money on or before the first day of august next Ensueing Att a mayor Court held in the Citty hall of albany this 15th day of June 1707 :- Present David Schuy- ler mayor John Abeel Recordr Evert Banker Tho: williams Johs Cuyler Hendk Hansen Frans winne Johs Roseboom aldm: Henry Holland Plente: by John Collins his atturny who appears for him John Lansing Senr. Defendt. appears 160 The City Records. The Plentives Declaration being Read & is as follow- ing Vizt : Citty of albany ss. Anno Regni anne angl & nunc Regnina Sexto Henry holland Esq. high Sherrif of ye Sd Citty Com- plains agt. John Lansing Sen. of ye Same Place mercht of an action upon ye Case & thereupon ye Sd Henry Hol- land by John Collins his atturney Says yt ye Sd John Lansing not Ignorant of ye Laws & ordinances of ye Sd Citty but in open Defiance of & in Direct oposition of ye Laws of ye Same, did on ye 28th of June Last past apply himself & Spoke to an Indian with a pack without ye Stockadoes of y" Sd Citty within ye Jurisdiction of this Court by wh violation of ye Laws of ye Sd Citty ye Sd Lansing is become Lyable to pay to ye Sd Henry holland & Justly Indebted y^ Summe of three Pounds for ye usess behoofs & Purposess as by ye Sd Laws Directed which ye Sd Lansing, to ye Sd Henry Holland tho often there- upon ye Sd henry holland Says yt he is worse & hath Damage three Pounds & thereupon brings this Sute John Collins. John Collins atturney for ye Plente moves for Costs of Suite for ye Defendt not Entering his Plea The Court takeing ye Same into Consideration ordred ye Defendt to Pay Costs of Suite of this Court & to Enter his Plea And the Defendt in his own Proper Person appears &. Defends the force & Injury when & where &c. and for Plea Saith yt he is not indebted to the Plente in manner & forme as in ye Sd Declaration is Set forth and there- upon puts himself upon his Country John Lansingh John Kidnie Sworn as a witness & Says yt he did hear ye Dendt Speak to an Indian without the gates of this Citty The Jury being Calld Vizt Jan Evertse Hendk Ten Eyk Johs D wandlaer Claes Luykasse Gysbert marcelis warnaer Carstense Abraham Kipp Samuel Prun Elbert Gerritse Evert Janzen Casper van hoese Harmanus Wendel 161 The City Records. The Juroe Sworn The Jury are sent out for a Vdict. The Jury doe Re- turn & give in their Vdict & find it for the Defendt Elbert gerritse forman Which the Court , do aprove off and order that ye Charges of ye Juroe be Paid by ye Plentive Henry Holland Plentive by John Collins his atturney who appears for him John Lansing Senr. Defend' appears The Plentives Declaration being Read & is as follows Vizł Citty of alb ss Anno Regni anne Angl &c. nunc Regnia Sexto Henry Holland Esq. high Sherriff of ye Said Citty Complains against John Lansing Senior of ye Same Place merch of an action upon the Case & thereupon ye Sd Henry Holland by John Collins his atturney Says that the Said John Lansing not Ignorant of the Laws & ordi- nances of ye Said Citty but in open Defiance of & in Direct oposition to the Laws of ye Same on the 7th day of this Instant July applycd himself & Spoke to an In- dian with a Pack without the Stockadoes of ye Said Citty within the Jurisdiction of ye Court by which violation of the Laws of Said Citty the Said John Lansing is become Lyable to pay to the Sd Henry Holland & Justly Indebted ye Sume of three Pounds for ye usess behoofes & pur- posess as by the Said Laws directed wh the Said Lansing to ye Said Henry Holland tho often thereto Required Refused to pay and the same still doth refuse to pay where- upon ye Said Henry Holland Sayes yt he is worse & hath Damage three Pounds & thereupon he brings this Suite John Collins John Collins atturney for Plente : moves for Costs of Suite for ye Defendt not Entring his Plea. The Court takeing the Same into Consideration ordred ye Defendt to pay Costs of Suite of this Court & to Enter his Plea And the Defend' in his own Proper Person appears & Defends the force & Injury & where &c. and for his Plea Saith that he is not indebted to ye Plente in manner & 162 The City Records. form as in the Sd Declaration is Sett forth & thereupon puts himself upon his Country John Lansing This action is Referred till next Court to be held this day fourthnight The action is made off between the Partys Att a Meeting of the Comon Councill held in ye Citty hall of albany this 14th day of July 1707: - Pre- sent David Schuyler Esgr mayr. Evert Banker Thos: williams Johs Roseboom Johs Cuyler Hendk Hansen Frans winne aldm. Dirk van Derheyden Coonraet Ten Eyk Gerrit Roseboom Daniell Ketel- huyn Johs D wandlaer Abraham Cuyler assistants Whereas Complaints are made that some articles in ye Proclamation Relating ye Indian trade Issued ye 17th of June last past, are an a grievons to ye Inhabtants of ye Sd Citty. it is Resolved by ye mayor aldermen & Com- onalty aforesd yt ye Sd Proclamation is hereby annulled (Provided yt ye fines already Committed are Excepted) and in stead thereof, wee do Resolve & it is hereby Re- solved in her majes queen ann's name Publish & Declare That no Person or Persons whatsoever within this citty upon ye arrivall of any of ye four nations of Indian or In- dians Squae or Squaes Called Sinnekus, Cayouges onnon- dages, & onneydes, comeing down Schnectady road shall address themselfs to any of them or Speak to ym or Entice ym without ye gates of ye Sd Citty by signs or otherwise howsoever to trade with them Selfs or any other Persons - being Convicted thereof by ye Evidence of ye Sherrif or any other person or persons shall forfeit & pay as a fine for Each Such offence ye Sum of thirty Shillings one third for ye mayor aldermen & Comonalty of ye sd Citty afore- said, & two thirds for y" behooffe of ye Sherrif or any other Person or Persons who shall sue for ye Same be- fore any of her majes Justices of ye Peace within ys Citty That no person or persons within this Citty Shall Pre- sume to take any Indian or Indians Squae or Squaes of ye aforesaid four nations (Sachim only Excepted when 163 The City Records. come about Public affairs, to treat with his Excy: ye Govr or ye Commissrs appointed for ye Indian affairs) into there house or houses with Pack or Packs of bever & Peltry upon Pain & Penalty & paying as a fine, being Convicted as aforesaid for Each Indian or Squae ye Sum of thirty Shillings for the behooffe off and to be Sued as aforesaid & ye Indian or Indians Squa'e or Squaes Imme- diately to Depart out of there house with there Pack or Packs of Bever & Peltry without Tradeing directly or in- directly upon pain & penalty & paying as a fine for Every hour they shall Stay into there house the Sum of thirty Shillings for ye behooffe off & to be sued as aforesaid That no person or persons whatsoever within this Citty Send out or make use of any Brokers whither Christians or Indians in managem of ye Indian Trade upon pain & penalty of forfeiting as a fine ye Sum of thirty Shillings for Each such offence, for ye behooffe off and to be sued as aforesaid That no person or persons whatsoever within this Citty doe presume to trade or trafique with or by any means whatsoever Directly or indirectly or Entice any Indian or Indians Squae or Squaes so to doe or give Gifts upon ye Sabbath upon Pain & penalty of forfeiting Such goods So *raded for as aforesaid, as also upon pain and penalty & paying as a fine for each such offence ye Sum of thirty Shillings for ye behoofe of Such Person or Persons as shall sue for ye Same, & yt this order shall be the more punctually observed it is ordred yt y" Constables of this Citty by turns on ye Sabath day do walk ye Streets with their Staffs in their hands to prevent ye breach on ye Lords day & to hinder all manner of Irregularitys whatsoever upon pain & penalty of thirty Shillings 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.