Albany County (N.Y.).

Early records of the city and county of Albany, and colony of Resselaerswyck (Volume 2) online

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allowed to squat wherever they pleased. On the contrary, the early
deeds furnish abundant evidence that from the first the settlement
was laid out in quite methodical fashion, experienced surveyors
being employed to do the work. This policy, moreover, was in line
with the fact that under the Roman Dutch law the title to the street
was vested in the government, so that it was important to know just
where the street lines were.

In closing, a word remains to be said in regard to the editorial
work on these records. Believing it to be his duty to preserve as
far as possible the wording of Professor Pearson's translations, the



1 See in this connection the interesting chapter on " Houses in Ancient
Albany County," in History of the Schenectady Patent, p. 441-50.



DEEDS 1 678- 1 704 I



O



editor has made only such changes as on careful comparison of
these translations with the originals were deemed necessary in order
to secure correctness of interpretation. In view of the well-known
ambiguity of language in the description of many pieces of property
and the consequent uncertainty in regard to the proper translation
of these descriptions, pains have been taken to cite in footnotes
extracts from the corresponding confirmatory patents in all cases
where such ambiguity seemed to exist. These extracts often throw
an unexpected light on the location of the property and will be found
helpful in connecting the deeds here printed with those published
in the preceding volume. For the full text of the patents the reader
is referred to the records in the office of the* Secretary of State,
rather than to the worn-out set of original volumes of Patents in the
State Library from which the extracts have been copied. Peculiar
Dutch expressions such as vly and creupel bosch, which have been
variously rendered by different translators, have been freely quoted
in the text and care has been taken to bring the spelling of all proper
names, including many interesting Indian local names, into accord
with the form used in the original documents. Personal names
which Professor Pearson had supplied in the translations, in the
same way as in the first volume, have in all cases been eliminated
from the text and where needed given in footnotes, for the reason
that some of these additions were found to be incorrect and that for
others no authority could be found, so that it seemed best not to
assume, even by implication, any responsibility for them. It goes
without saying that in many cases much fuller genealogical informa-
tion than appears in the present footnotes may be found in the first
volume and above all in the useful compilations entitled " First
Settlers of Albany," " First Settlers of Schenectady," and '' History
of the Schenectady Patent." It should be borne in mind, however,
that in the absence of any church records of Albany before 1683,
most of the genealogical information to be found in the above-men-
tioned publications is based on the very records which are now made
available, so that there seemed no need of doing more than to call
attention to the errors which happened to come under the editor's
observation. Though the number of such errors is not inconsidera-
able, it is really small in comparison to the multitude of genealogical
data which Professor Pearson's patient labors have brought to-
gether. That many of these errors have been blindly copied by
other writers and passed so to speak into the traditionary stage, may
be ascribed to the fact that the original records are written in a lan-
guage which few people have taken the trouble to learn, so that for



14 EARLY RECORDS OF ALBANY

almost half a century after Professor Pearson's investigations very
little original work in regard to the early history of Albany and
Schenectady families has been done. Now that the records become
available in translated form, a new field opens itself to the genealo-
gist which will doubtless enable him to make many hitherto unsus-
pected connections. That after all these years the public should be
enabled to reap the full benefit of Professor Pearson's work will be
pleasing to all who hold his name in grateful remembrance and is a
source of much satisfaction to the editor.

A. J. F. VAN Laer
Albany, April 2p, ipij



DEEDS VOLUME III

Deed from Reyer Schermerhorn, husband and guardian of the
widow of Elmer Otten, to Rev. Nicolaus van Rensselaer for a
house and lot on Jonker street in Albany

[i] Appeared before me, Ro'. Livingston, secretary of Albany,
colony of Renselaerswyck and Schaenhechtady, etc., in presence of
the Honorable Mr Richard Pretty and Mr x\ndries Te[ller], magis-
trates of said jurisdiction, Ryer Jacobse Schermerhooren, husband
and guardian of Ariaentie Arents, late widow of Elmer Otte, de-
ceased, who declared that he grants, conveys and makes over in
true, rightful and free ownership to and for the behoof of Dom.
Nicolaus van Renselaer a certain house and lot standing and lying
here in Albany on Jonker street,^ being a corner house, bounded
south and east by the public streets, on the west by the house of
Jan Witthardt and on the north by the house of Capt. Backer ; - in
breadth on the south, on the street, one rod, ten feet and one and a
half inches and in the rear on the north side one rod and ten feet ;
in length on the east side, on the street, six rods, two and a half feet,
and on the west side five rods, eleven feet and two inches, including
an alley of four feet to the rear which is to be in common for Dom.
Renselaer aforesaid and for the house of Jan Witthardt; which he,
the grantor, does by virtue of a conveyance of the lot received by him
from Mr Jan Thomase,^ [said lot] being the half of the lot specified
in a patent granted to said Thomase by the late Governor General



1 Now State street.

2 Capt. John Baker. For information about him see Minutes of the Execu-
tive Council of the Province of New York, ed. by V. H. Paltsits, i :SO-si, note.

3 Professor Pearson here adds the name " Whitbeck," but in the deed from
Jan Thomassen to Schermerhorn, June 13, 1678, in Early Records of Albany,
I :i85, he supphes the name " Mingael." The latter is clearly a mistake, as
the signature to the deed is similar to that of the will of Jan Thomassen,
dated October 21, 1679, in Notarial Papers, 2:103-5, in which he is called Jan
Thomasz. geboortigh tot IVitbeeck in Holsteyn (born at Witbeeck [Wittbek]
in Holsteyn). The same mistake runs all through the volume wherever the
name " Mingael " has been supplied after that of Jan Thomassen. Between
1654 and 1679, Jan Thomassen repeatedly held the office of commissaris or
magistrate of Albany and with his associate Volkert Jansen Douw, also a
magistrate, he figures in many real estate transactions. He generally signs his
name " Jan Thomasz," once " Jan Thomansz," and once, with a trembling
hand, to his will, " Jan Thomaesz." Apparently there was no Jan Thomassen
Mingael of sufficient age to transact business living during the same period.
The first settler by that name died before November 3, 1642 (N.Y.Col.Mss,
2:35); his son Thomas Jansen Mingael died in 1662 (N.Y.Col.Mss, v. 10,

[15]



l6 EARLY RECORDS OF ALBANY

Rich : NicoUs dated the 29th of April 1667/ to which reference is
herein made; and that free and unincumbered, without any charges
resting thereon or issuing out of the same- (saving the lord's right)
and without the grantor's making any further claim in the least
thereto, acknowledging that he has been fully paid and satisfied
therefor, the first penny with the last, giving therefore plenarn ac-
tionem ccssam and full power to the aforesaid Mr Nicolaes van
Renselaer, his heirs and successors or assigns, to do with and dis-
pose of said house and lot as he might or could do with his own
patrimonial estate and effects, promising to warrant and defend the
same against all persons from all trouble, claims and incumbrances
which may hereafter arise,-^ and nevermore to do nor cause any-
thing to be done contrary hereto in any manner whatsoever, binding
himself thereto as by law provided. Done in Albany, this ist of
July 1 678.^

Richard Pretty Reyer Jacobse Schermerhoorn

A. Teller

Acknowledged before me,

Ro'^. Livingston, Secretary



pt I, p. 301), and the grandson Johannes Thomassen Mingael is not men-
tioned in the records till about 1680. He signs his name in one place
" Johannis tomes meingael," and in another "Johaennis toemissen mingael,"
in a hand which is entirely distinct from that of Jan Thomasz from Wittbek.

1 This patent was a conlirmation of the grant to Jan Thomassen by Director
General Stuyvesant of March 10, 1661, recorded in Dutch Patents, HH,
p. 120-21.

2 Sondej eenige lasten daerop staende ofte nytgaende, which Professor
Pearson translates as : " with no claims standing or issuing against the same."
Lasten, however, does not refer to " claims," but means " charges," more
particularl}', taxes and rent charges, so that the phrase may be rendered :
" without any charges thereon, or rents, profits or emoluments to be paid
out of the same."

^ Belovcnde 't selve op ende Jegens een Ygelycken te zvaaren & te vryeii
voor alle Commer, naermaeninge ofte beswaernisse, die naermaels sonde
moogen koonien. This phrase, with slight changes, occurs in nearly all the
Dutch deeds and has been variously rendered by Professor Pearson as
" promising to defend the same from all and every person and free it from
all trouble, claims, or complaint which may hereafter come against the same,"
or " promising to defend the same against all and every person and to free
it from all claims, liens and encumbrances," or "promising to protect and
free the same from all trouble, actions and claims of all persons." Commer,
literally " cumber," means trouble, let, or hindrance ; in law it is used in the
sense of charge, debt, lien, or obligation and, more specifically, in the sense
of attachment. Naermaeninge means claim, or demand, and beszcaernisse
refers to anything with which property may be beszvaert, that is, charged or
incumbered. Though Professor Pearson's translation has often been changed
to make it correspond more closely to the wording of the original, no effort
has been made to secure absolute uniformity in the rendering of the phrase
above quoted.

* Soon after the purchase of this house and lot Domine Nicolaus van
Rensselaer died intestate, his widow Alida Schuyler obtaining letters of



DEEDS 1678-1704 17

Deed from Geertruy Barents, attorney for Jacob Hevick, and
the administrators of the estate of Reyndert Pietersen to Al-
bert Ryckman for a brewery, dwelling and appurtenances in
Albany

[2] Appeared before me, Ro : Livingston, secretary of Albany,
colony of Renselaerswyck and Schaenhechtady, etc., in presence of
the Honorable Mr Rich : Pretty and And^ Teller, magistrates of said
jurisdiction, Geertruy Barents, as attorney for her husband Ja[cob]
Hevick, and Gerrit Swart and Mr Adriaen van Ilpendam, adminis-
trators of the estate of Reyndert Pieterse. deceased, who declared
that they had granted and conveyed to and for the behoof of Albert
Ryckman, his heirs arid assigns, the brew-house and the dwelling
in front, together with the mill house, horse stable, well and the
land adjacent thereto, lying in the town of Albany, next the house
of Leendert Phillipse ; ^ in breadth in front, on the street, three
rods, one foot and six inches ; to the south of the lot where the
blockhouse stood eleven rods and eight feet; breadth to the east,
three rods and six feet, and in length to the north of Leend'. Phil-
Hpse's eleven rods,' eight feet, being a part of the patent granted by
the Right Honorable Governor General Rich: Nicolls to Jacob
Hevick, dated the 30th of April 1667,^ to which reference is herein
made ; which she, the cedent, and the grantors in the capacity afore-
said promise to warrant and defend against all trouble, claims and
pretensions (saving the lord's right) which may hereafter arise, on
pain of execution against their persons and estates, real and personal,



administration bearing date the 30th of November 1678. She afterwards
married Robert Livingston, who made satisfaction for the house according
to an appraisement and so became possessed thereof. Robert Livingston
also acquired from Jan Jansen Bleecker, attorney for Jan Witthardt, the
other half of the lot specified in the patent to Jan Thomassen, and for the
entire property, as well as for other pieces of property owned by him,
received a patent from Governor Thomas Dongan dated the 4th of November
1684. See this patent in Patents, 1684-1686, 56:17-20, in the New York
State Library. See also the appraisal of Domine van Rensselaer's estate
and Robert Livingston's account of his administration of the estate, Dec. 30,
1680, in N. Y. Hist. Soc, Collections, 1892, 25 :68-69.

1 Leendert Philipsen Conyn.

2 This is apparently a mistake for the 27th of April 1667, when a patent
was granted to Jacob Gevinck [Hevick] and Reyndert Pietersen for this
property and for a house and lot in Albany toward the hills ; hence the
expression " being a part of the patent granted ... to Jacob Hevick." The
property described in the present deed was conveyed to Hevick and Pietersen
by Pieter Bronck, August 5, 1662; see Early Records of Albany, 1:304-5.

It is interesting to note the expression ten sitydcn van het Erff daer het
Blockhuys gestaen heeft — to the south of the lot where the blockhouse
stood. The patent of 1667, which probably follows the description of the
property in the deed of 1662, reads : " to the South of the block House in
length eleaven Rod and eight foot," showing that at the date of the patent,
or at any rate in 1662, the blockhouse was still standing. Not unlikely it was
one of the first buildings erected in this localitv.



i8



EARLY RECORDS OF ALBANY



present and future, submitting the same to the jurisdiction of all
courts and judges. Done in New Albany, this first of July 1678.

Gertruet Barents
Richard Pretty G : Swartt

A. Teller Adriaen van Ilpendam

Bond of Jacob Jansen Gardenier to pay arrears of rent to Geer-

truy Barents
[3] Appeared before me, Ro : Livingston, secretary of Albany,
colony of Renslaerswyck and Shaenhechtady, etc., in presence of the
hereinafter named witnesses, Jacob Janse Gardinier alias Plodder,
who acknowledges that he is well and truly indebted and in arrears
to Geertruy Barents, wife of Jacob Hevick, in the sum of one hun-
dred and sixty-eight guilders in beavers, growing out of house rent
due from his wife Barentie Straetsmans, which aforesaid twenty-
one beavers the appearer promises to pay to Geertruy Barents or
her order next ^lay 1679, in beavers, sea wan, wheat, or boards,
all merchantable and at market price, binding thereto his person and
estate, real and personal, nothing excepted, submitting the same to
the jurisdiction of all lords, courts, tribunals and judges; in witness
of the truth of which he has subscribed this in presence of Cornells
van der Hoeven and Paulus Martense, called as witnesses hereto.
Done in Albany, the 3d of July 1678.

Jacob Jansen Gerdenyer
Korneles Corneles
PouUs Marten ^ Acknowledged before me,

Ro'^. Livingston, Secretary

I, the undersigned, Geertruy Barents, gratefully acknowledge that
I am fully satisfied for the above obligation and thanking him for
his good payment release him from all further demands. Done in
Albany, this 30th of July 1680.

This is the mark X of Geertruy Barents,
made with her own hand
Acknowledged before me,

Ro'^. Livingston, Secretary



1 This signature is the same as that of Paulus Martense van Benthuysen,
in Deeds, 2:616 (Early Records of Albany, 1:400), and as that of Paulus
Martense van Rynsburch, in Notarial Papers, i :274. Benthuysen, or Bent-
huizen, is a village about six miles southeast of Leiden ; Rynsburch, or
Rijnsburg. is the name of a village and of an ancient and wealthy abbey
three miles northwest of Leiden. This abbey had large landed possessions
in various parts of the province of South Holland. The natural inference
therefore is that Paulus Martensen came from the vicinity of Benthuysen,
but from the land which belonged to the jurisdiction of the abbey of Ryns-
burch.



DEEDS 1678-1704 19

Deed from Catskill and Mahikan Indians to Capt. Sylvester Salis-
bury and Marten Gerritsen for five large flats at Catskill

[4] Appeared before me, Ro^ Livingston, secretary of Albany,
colony of Renselaerswyck and Schaenhechtady. etc., in presence
of all the magistrates of said jurisdiction and about twenty Catskill
and Mahikan Indians, Maetsepak commonly called Mahak Niminaw,
Tamongwes alias Volkert, Papawachketik alias Evert, Mamaetcheek
alias Joris, Kachketowaa alias Cobus and Unekeek by the Christians
named Jan de Backer, on behalf of the whole Catskill nation, who
declared that they granted, conveyed and made over in true, right-
ful and free ownership to and for the behoof of Capt. Sylvester
Salisbury, 1 commandant, and Mr Marte Gerritse, magistrate, a cer-
tain parcel of land lying at Catskill above the land of Eldert de
Goyer,^ consisting of five large flats (vlaktens) lying on both sides
of the kill, the name of the first flat being Wachachkeek, the second
named Wichguanachtikak, the third Pachquyak, the fourth Assisko-
wachkok, and the fifth Potick, with the woodland for a cattle range
(uytdrift van vee) or otherwise, to wit four English miles around
said land, and all the kills, creeks, groves, appendages and depend-
encies thereof (excepting the land of Jan Bronk). which they, the
grantors, do by virtue of being the rightful owners and proprietors
of said lands, flats and wood land and conveying the same to Capt.
Salisbury and Marte Gerritse aforesaid, who have license and privi-
lege to buy said lands of the owners from the right honorable Gov-
ernor General Edmond Andross and to give satisfaction therefor
before this court, as appears by license thereof under date of No-
vember 2, 1677; conveying the same free and unincumbered with-
out any charges resting on, or arising out of the same (saving the
lord's rights) and without the grantors' making any further claim
thereto, acknowledging that they have been fully paid and satisfied
therefor, the first penny with the last, according to a contract of
sale thereof dated the nth of June 1678;"^ giving therefore plenam
actionem cessam and full power to said Capt. Salisbury and Marte
Gerritse, their heirs, successors, or assigns to do with and dispose
of the same as they might or could do with their own patrimonial



^ Capt. Sylvester Salisbury succeeded Capt. John Baker in July 1670 as
commander of the fort at Albany. See about him Minutes of the Executive
Council of the Province of New York, ed. by V. H. Paltsits, i :5i, 146, notes.

2 Eldert Gerbertsen Cruyf, from Hilversum, in the Gooi, or Gooiland,
province of North Holland, hence called " the Goyer." In an abstract of
this deed in Docts. Rcl. to Col. Hist. N. Y., 13 1545, the name has been errone-
ously given as " Evert de Goyer," while other mistakes in the Indian names
occur also.

" This contract does not appear to be recorded.



20 EARLY RFXOKDS OF ALBANY

estates and effects ; promising to warrant the same against any and
all persons and to free the same from all trouble, demands, or in-
[5] cumbrances which may hereafter arise or be set up either by
Christians or Indians, and nevermore to do or cause anything to be
done contrary hereto in any manner, binding therefor their persons
and properties as by law provided.

Done in Albany at the Court House, this 8th of July 1678.

This is the mark X of Mahak Nimi-
NAW made with his own hand.

This is the mark X of Volkert made
with his own hand.

Yhis is the mark X of Evert the In-
dian made with his own hand.

This is the mark X of Joris made with
his own hand.

This is the mark X of Cobus made
with his own hand.

This is the mark X of Jax de Backer
made with his own hand.

This is the mark X of Sixhoe, a Cats-
kil indian.



Philip Schuyler
Richard Pretty



Robert Livingston, Secretary



Quitclaim by Manueenta alias Schermerhorn of lands described

in deed given above

Appeared before the right honorable the magistrates of Albany,
colony of Renselaerswyck, etc., a certain Catskil indian named
Manueenta and by the Christians called Shermerhooren, who is a
fellow proprietor of the lands lying in Catskill, above conveyed to
Capt. Silv: Salisbury and jMarte Gerritse by the aforesaid Indians,
and acknowledges that he is paid and fully satisfied for his share
and interest therein, having received a coverlet, a gun, a shirt, a half
cask of beer, confirming all that is done above, and now fully con-
veys the same and promises hereby to free said Capt. Salisbury and
Marte Gerritse from all trouble, actions, or demands which may



DEEDS 1 678-1 704 21

arise hereafter in any manner on the part of any persons, whether
Indians or Christians. Done in Albany, this 25th of November
1678.

This is the mark X of Shermerhooren,
A. Teller made with his own hand.

Cornells Van Dyck
Dirck Wessels .
J oh: Provoost

Acknowledged before me,

Ro^. Livingston, Secretary

Contract between Jan Conell and Andries Teller for the purchase
of Conell's house and lot on the hill in Albany

[6] Appeared before me, Ro: Livingston, secretary of Albany,
etc., in presence of the hereinafter named witnesses, Jan Conell of
the one side and Mr And®. Teller of the other side, who declared
that they had in love and friendship agreed and contracted respect-
ing the purchase of his, Jan Conell's, house and lot lying here in
Albany on the hill (aen't geherghte), as follows: First, Jan Conell
acknowledges that he has sold and Mr And^. Teller that he has
bought of him the aforesaid house and lot with all that is in the
earth and nailed fast, standing and lying here in Albany on the hill,
bounded to the south by Arent van den Berg and northerly by the
new house of Dirk Wessels, in length five rods, one foot, in breadth
eighteen feet Rhineland measure, which house and lot he promises
to deliver to the buyer within the time of 14 days, free and unincum-
bered, saving the lord's right ; for which house and lot the buyer
promises to pay the sum of one hundred good, deliverable beavers
and ten beavers to the seller's wife; but it is to be noted that the
aforesaid house is still mortgaged to Capt. Brockholes for the sum
of £26, IS. 4>^d. sterling, being the last payment [due], the first
half having been paid as per Ro : Hamilton's acquittance of date
the 23d July 1678, which £26, is. 45^ d. sterling money said Teller
promises and agrees to pay to Capt. Brockholes as an offset from
the said 100 beavers. For the execution of the aforesaid condi-
tions the contracting parties mutually bind their respective per-
sons and estates, real and personal, present and future, subject to



22 EARLY RECORDS OF ALBANY

all lords, courts, tribunals and judges. Done in Albany in pres-
ence of Capt. Salisbury and Storm van der Zee, called as witnesses
hereto, this 9th of August 1678.

John Conell
Silve: Salisbury A. Teller

Storm van der Zee Acknowledged before me,

Ro'^. Livingston, Secretary

Deed from Barent Reyndersen to Gerrit Lansingh for a house
and lot on Rom street in Albany

[7] In the absence of Secretary Livinghston appeared before me,
Johannes Provoost, sheriff of Albany, and in presence of the
Honorable Ritchard Prittj and Andries Teller, magistrates of said
jurisdiction, the worthy Barent Reyndersen, who declares that he
grants, conveys and makes over, as he does hereby in real and actual
ownership and possession, to and for the behoof of Gerrit Lansingh
a house and lot lying in Albany on the hill, on Rom street^ so
named, bounded easterly by Jan Nack and westerly by Jan Vinhagen,
breadth in front on the street one rod, two and a half feet, length
on the west side three rods and eleven feet, breadth in the rear one
rod, four and a half inches, length on the east side three rods and
nine feet; which he does by virtue of a patent to him, the grantor,
given by the Right Honorable Governor General Francis Lovelace
of date the 22d of August, A°. 1670^ to which reference is herein
made ; and that free and unicumbered, excepting only the lord's
right, without the grantor's making any further claim thereto since
he acknowledges himself fully paid and satisfied therefor, the first
penny with the last, therefore giving plenam actionem cessam and
full power to the aforenamed Gerrit Lansingh, his heirs, successors,
or assigns to do with and dispose of the aforesaid house and lot
as he might or could do with his own patrimonial estate, promising



Online LibraryAlbany County (N.Y.)Early records of the city and county of Albany, and colony of Resselaerswyck (Volume 2) → online text (page 2 of 43)