Albany County (N.Y.).

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

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w*. all y^ Profitts, Commodities, and appertenances whatsoever to
y^ s"^. Tenement or Lott or p^ Pasture ground, belonging, or in any
ways appertaining, together w*. all and Singular, deeds. Evidences,



In English.



DEEDS 1678-I704 253

and writeings touching and Confirming y^ Premises only or any part
thereof, to have and to hold, y^ s'^. Tenement, Lott or Peece of
Pasture ground and Premises w^ there and every of there apper-
tenances, unto y^ said Johannes Cloet, his heirs, Executors, ad''^.
and assigns, in his quiet and Peaceable Possession and Seizin
against all Persones to warrant, and for ever by these p^sents De-
fend, in witnesse whereof y^ s^. Corn: van Dyck and Johannes
Provoost have hereunto Sett there hands & Seals in Albany this
fourteenth day of octob. in y« Thirty Sixth year of y*= Reign of our
Soueraign Lord, Charles y^ Second, by y^ Grace of God, of England,
Scotland, f ranee & Irland king; Defender of y^ faith & annoq. dom:
1684

CORNELIS VAN DyCK (S)

Johannes Provoost (S)
Signed & Sealed & Deliverd
in y^ Presence of
David Schuyler Justice of Peace
Ger*. Banker Justice of Peace

Recorded in Albany y^ 12 of decemb. 1684.

Deed from Margareta Schuyler, widow of Philip Schuyler, to
Douwe Jells Fonda for a house, barn, hay rick, orchard and
three morgens of land

[265] Appeared before us, the undersigned justices of the peace
of the county of Albany, Madam Margareta Schuyler, widow and
relict of the late Phillip Schuyler, who declared that she granted,
conveyed and made over in true, rightful and free ownership to
and for the behoof of Dowe Jillise Funda a certain house, barn and
rick, with orchard and land containing about three morgens as it
lies in fence (saving the Steen Bergh) standing and lying in the
colony of Rensselaerswyk, by virtue of the contract of sale thereof
dated the 24th of October 1672 and the conveyance by Pieter
Meesen to the grantor's husband deceased given on the 25th of
August 1672,1 to which reference is herein made, and that free and
unincumbered, without any charges thereon or issuing out of the
same (saving the lord's right), without the grantor's having
any further claim in the least thereon, acknowledging that she is
fully paid and satisfied therefor, the first penny with the last, there-
fore giving plcn-am actionem cessam and full power to the afore-
named Dowe Jillise Funda, his heirs, successors, or assigns to do



1 See Early Records of Albatty, i -.$03.



254 EARLY RECORDS OF ALBANY

with and dispose of the aforesaid house, barn, rick, orchard and
land as he 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 according to law and further,
nevermore to do nor cause anything to be done contrary hereto in
any manner, binding herself thereto as by law provided.
Done in Albany, the 29th of December 1684.

Maergriet Schuler
In my presence,

RoB'^. Livingston, CI.
J: Wend^
W: Teller

Thus far the copies of conveyances above £50 sent to Mr Spragge
to be registered according to act of the assembly of the [blank]
being in all 6.^

Deed from Benjamin Roberts to Juriaen Jansen van Hoesen for

a house and lot in Albany

[266] Appeared before us, the undersigned justices of the peace
for the county of Albany, Benjamyn Roberts, husbandman dwell-
ing at Maelwyk above Schinnechtady, who declared that he
granted, conveyed and made over in true, rightful and free owner-
ship to and for the behoof of Juriaen van Hoese a certain house
and lot standing and lying here in Albany with all that thereon
is fast by earth and nail, being a corner house to the north of
Maj. Abraham Staets, in length on the south side five rods,
four feet and two inches, to the north five rods, two feet, five
inches, in breadth to the east on the brewery of Sybrant van
Schayk one rod and ten feet and to the west one rod and seven
feet and ten inches, Rhineland measure ; which he, the grantor, does
by virtue of the conveyance received by him from Jan Rinckhout,
dated the 27th of March 1678,^ to which reference is herein made,
and that free and unincumbered, without any charges thereon, or



1 This refers to the act entitled : " An act to prevent ffrauds in conveyanc-
ing of lands," passed November 3, 1683, which provided that after the 25th
of December following no grants, deeds, mortgages or other conveyances of
lands or tenements within the province of New York would be valid unless
recorded within six months by the clerk of the county where such lands or
tenements lay, and that once every year the clerk of each county must
transmit to the secretary's office at New York for registration in that office,
together with the fees ordained for the same, all conveyances exceeding the
sum of fifty pounds. See Colonial Laivs of New York, i : 141-42 (published
as Assembly Documents, 1895, v. 23, no. 107, pt i).

2 No record of this conveyance is found.



DEEDS I 678- I 704 255

issuing out of the same (saving the lord's right), without the
grantor's having any further claim in the least thereon, acknowl-
edging that he has received the sum of thirty-six beavers, being the
first penny with the last, therefore giving plenam actionem cessam
and full power to the aforenamed Jurian Janse van Hoese, his heirs,
successors or assigns to do with and dispose of the same as he 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 according to law and further nevermore to do
nor cause anything to be done contrary hereto in any manner,
binding himself thereto as by law provided.

Done in Albany, the 30th of December 1684.

This is the mark X of Benjamy'n
RoBBERTS, made with his own hand
hand
In my presence,

Rob''. Livingston, CI.

Deed from Johannes Clute, nephew and heir of the late Capt.
Johannes Clute, to Jan van Loon for one-third of a tract of
land opposite Claverack

[267] Appeared before us, the undersigned justices of the
peace for the county of Albany, Johannes Cloet, in capacity of heir
of his uncle the late Johannes Cloet, who declared that he granted,
conveyed and made over in true, rightful and absolute ownership
to and for the behoof of Jan van Loon a just third of a tract of
land over against the Claverak which his uncle Johannes Cloet,
deceased, owned jointly with Jan Bruyns and Jurian Teunise, as
the patent^ thereof granted by the Honorable General Rich*^.
Nicoll[s] to Capt. Cloet, deceased, Jan Bruyns and Jurian Teunise
will prove; which land lies on the west side of the North river
over against Claverak, named by the Indians Caniskeek, extending
along the river from P"". Bronk's land to the marsh (t^/y) by the
point on the mainland lying behind Barents island ; which afore-
said just third part the grantor conveys to Jan van Loon as it
was possessed by his late uncle, except the land which his late
uncle and his partners conveyed to Marte Gerrittse on the 28th
of March 1681, as well as the twenty morgens of land lying on
the Moordenaers (Murderer's) kill with the homestead lying
thereby which his late uncle conveyed to Wyntie Harmens,^ as



1 This patent was dated May 25, 1667; see p. 120, note.

2 The daughter of Harmen Thomassen Hun; see p. 120.



256 EARLY RECORDS OF ALBANY

appears by the conveyance dated the 7th of April 1681, which
said piece of land Capt. Cloet, deceased, with the knowledge and
consent of his partners gave to the said daughter, because his
partners Jurian Teunise and Mynd. Frederikse each took possesion
of a place on the shore, in return for which the elder Cloet deceased
obtained and received this donated piece of land. And whereas
the late Capt. Cloet conveyed the aforesaid tract of land with
all his rights (excepting the two aforesaid parcels) to P"". Bosie
and Jan van Loon on the 7tli of April 1681 - and immediately
caused a bond and mortgage or special pledge of said land to be
made, with the express condition that if either of these persons,
that is, P''. Boise or Jan van Loon, failed to pay twenty-five beavers
each, his half of the land might be attached, and whereas P^
[268] Bosie has failed to pay the promised money according to
the mortgage, which Jan van Loon has duly satisfied, that is, the
sum of fifty beavers, the receipt of which is hereby acknowledged,
therefore, the grantor conveys the said tract of land to Jan van
Loon alone and to his heirs forever, to have and to hold the same
to the behoof of the said Jan van Loon, his heirs or assigns, to
do therewith and to dispose thereof as he might do with his own
patrimonial estate and efifects, promising to w^arrant and defend
the same against all persons from all lawful liens, claims and in-
incumbrances and further nevermore to do nor cause anything
to be done contrary hereto in any manner, binding himself thereto
as by law provided.

Done in Albany, the 2d of February i68|.

Johannes Clut
Johannes Wend el

In my presence,

RoB^. Livingston, CI.

I, the undersigned, declare hereby that I release Jan Cloet,
who has signed the foregoing deed, from all damage, claims and
demands which may arise by reason thereof from P"". Bosie or
from any of his heirs, inasmuch as the term of the mortgage in
w'hich he is concerned also has not yet expired. In witness whereof
I have signed this with my own hand in Albany, the 2d of Feb-
ruarv i68i.

Jan van Loon
In my presence,

RoB'^. Livingston, CI.

1 See p. 121-23.



DEEDS 1678-I704 257

Deed from Johannes Clute, heir of Capt. Johannes Clute, to
Symon Schouten for land at Canastagioene (Niskayuna)

[269] Appeared before us, the undersigned justices of the peace
of the county of Albany, Johannes Ckit, in capacity of heir of his
uncle Johannes Clute, deceased, who declared that he granted, con-
veyed and made over in true, rightful and free ownership to and for
the behoof of Symon Schoute two pieces of land lying at Can-
astagioene on the south side of the Maquas river on the great
flat, being all the right and claim which Capt. Cloet, deceased, had
on the river bank, to wit, one piece of about ten morgens in size,
adjoining on the land of Culis ^ and Hann, and the other piece also
on the great flat of about six morgens in size bounding on the
land of Jan Spoor, on the express condition that on the height along
the shore a path shall remain, also that he, the buyer, Symon
Schoute, shall be holden to maintain a fence along the stone hill,
which he, the grantor, does by virtue of the conveyance obtained
by his late uncle from Klaes Janse van Bockhoven, of date the
31st of October 1677;" likewise there is conveyed to said Schoute
the land on the height for a farmstead on which his house and
bam stand, beginning from the claim of Culis that was given him
and so along the boundary of Culis's land to his, Symon Schouten's,
land, and on the other side to the northwest unto the garden of
Jan Thymese, on condition that Jan Thymese or his successors
shall have a free passage through Symon Schouten's land to his
own land, keeping the same width, to the arable land of Symon
Schouten ; and that all free and unincumbered, without any charges
thereon, or issuing out of the same (saving the lord's right),
without the grantor's having any further claim in the least thereon,
acknowledging that he is fully paid and satisfied therefor, the first
penny with the last, therefore giving plenum actionem cessam and
full power to the aforenamed Symon Schoute, his heirs, successors,
or assigns to do with and dispose of the aforesaid land and ap-
purtenances thereof as he 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 according to law
and further nevermore to do nor cause anything to be done con-
trary hereto in any manner, binding himself thereto as by law
provided.

Done in Albany, the 2d of February i68f.

T Johannes Clut

In my presence, "

RoB^. Livingston, CI.

1 Gerrit Claessen [van Vranken?] ; see p. 83.

2 See Earlv Records of Albany, i : 167-68, erroneously dated October 21, 1677.

17



258 EARLY RECORDS OF ALBANY

Deed from Symon Schouten to Jan de La Warde for land at

Canastagioene (Niskayuna)

[270] Appeared before us, the undersigned justices of the peace
of the county of Albany, Symon Schoute, who declared that he
granted, conveyed and made over in true, rightful and free owner-
ship to and for the behoof of Jan de La Warde a piece of arable
land lying on the great flat at Canastagioene, on the south side of
the Maquas river, in size about six morgens, bounding on the land
of Jan Spoor and so on to the river, keeping the same width as Jan
Spoor's land, on this condition that the aforenamed Jan Spoor
must build and always maintain the fence between his and this
aforenamed land, to wit, he, Jan Spoor, or whoever may receive
title from him hereafter; which he, the grantor, does by virtue of
the conveyance received by him this day, date underwritten, from
Johannes Cloet; and that free and unincumbered, without any
charges thereon or issuing out of the same (saving the lord's
right), without the grantor's having any further claim in the least
thereon, acknowledging that he is fully paid and satisfied therefor,
the lirst penny with the last, therefore giving plenum actionem cessam
and full power to the aforenamed Jan de La Warde, his heirs, suc-
cessors, or assigns to do with and dispose of the aforesaid piece of
land as he 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 according to law and
further nevermore to do nor cause anything to be done contrary
hereto in any manner, binding himself thereto as by law provided.

Done in Albany, the 2d of February 168*.

The mark X of Symox Schoute,

made with his own hand
In my presence,

RoB'r. Livingston, CI.

Bond and mortgage by Symon Schouten to Johannes Wendel

[271] Appeared before me. Rob^ Livingston, secretary of Al-
bany, colony of Rensselaerswyck, etc., in presence of the Honorable
P"". Schuyler and David Schuyler, magistrates of said jurisdiction,
Symon Schoute who declared himself to be honestly and truly in-
debted and in arrears to Mr Johannes W'endel or to his heirs in a
capital sum of four hundred and seventeen guilders, twelve stivers
in beavers, which principal sum draws interest at six to the hundred



DEEDS 1678-1704 • 259

yearly, being for goods received and for money advanced to his
content; which aforenamed sum of i\.4iy:i2 in beavers the sub-
scriber promises to pay to the aforenamed Mr Johannes Wendel,
his executors, administrators or to his order within the time of
six years from the date hereof with current interest to be reckoned
from today at a half per cent a month till the day oi final and
effectual payment ; and if the subscriber meanwhile shall reduce
or pay a part of the principal sum, interest at the rate of one-half
per cent a month shall be paid for the remainder : For the pay-
ment of which principal sum and interest the subscriber specially
binds and mortgages his farm of ten morgens of land lying on the
great flat at Canastagioene, bounding upon the land of Culis and
Hann, to him this day conveyed by Johannes Cloet, and generally
his person and estate, real and personal, present and future, noth-
ing excepted, submitting the same to the authority of all lords,
courts, tribunals and judges, for the collection of said capital sum
with the current interest without, loss and expense. Done in Al-
bany on the second day of February i68f.

The mark X of Svmon Sciioute,
made with his own hand.
In my presence,

RoB^. Livingston, CI.

Deed from Westenhook Indians to Lucas Santen, John Spraggs,
Dirck Wessels and Cornells van Dyck for land on Westenhook
creek

[272] 1 Know all men by these Presents that wee underwritten
Indian owners & Native Proprietors off y^ Land called Westen-
hook, viz*. Nischotawa, Awaanpaak, and Panemat y^ Sonne off
Ottonowa who is Impowred by his Father, for and in Consideracon
of these following goods in hand Paid, to witt Twenty faddom
black wampum. Twenty faddom white wampum four Blankets three
faddom Stroudwaters Six faddom Duffels, Two Stroudw : Coats,
three Duffels Coats, three Childrens Coats, Six Shirts, three gunns,
four kitles, four baggs of Pouder six axes, six pare of Stockings
Two hoes. Two half fatts Strong Beer, four fatts of Rom, twalf
Pair of Shissers Twelf Combs, Two Rolls of Tobacco Twenty
knives Twenty barrs of Lead and thirty aulls, the Receit whereof

1 In English.



26o EARLY RECORDS OF ALBANY

wee doe oune and acknowledge, and off y^ Payment doe fully dis-
charge, have bargained Sold, aliened and Transported and by these
Presents doe Bargain, Sell, alien, and Transport all our Rigth Title
and Intrest unto Lucas Santen Esq"", his R : high^ Co'. John Spragge
Esq"". Sec''y. of y^ Province, Dirk Wessells & Cornelis van Dyck and
to there heires and assigns for Ever (they haveing a graunt from
y^ Right hon'''*^. Col Thomas Dongan Gov*". Gen', dated y^ 1 1 of
January 1683 to Purchase y^ Same) In a Certain Tract or Parcell
of Land, Scituate Lying and being on a Certain Creek Called
Westenhook ; beginning att y*^ great fall of waters. Called by y^
Natives Pawachtuek, and Soe Running up northerly, both Sides of
y^ Creek ; to witt on y^ west side as farr as y^ fiatt Land, belonging
to an Lidian called Panaskenak. Containing four flatts or Plains
y'^ Southermost next to y*^ falls called Kenachkehantick, y*^ next
Achneganick, y^ 3^. Awaankaniss and y^ fourth fiatt or Plain which
is y^ northermost bounds on y^ west Side of y^ Creek called
Taashammik, And on y^ East side of y* kill or Creek from y^ s'^.
falls Running up northerly Containing also four flatts or Plains y*^
first next to y*^ falls being a greatt flatt or Plain and y^ Southermost
Part thereof called Pacachkook and y^ north end Soquawaen, y'=
Second Plain Nananachquak ; y^ 3*^. Flatt Taasham, and y*^ fourth
or northermost flatt called Machemene Pakak, Running northerly
to a Creek or kill y*. comes out of y^ woods called Wata Pichkaak,
and soe Running into y^ woods from both sides of y^ Creek East-
ward and westward to y^ high hills as far as y^ owners Propriety
streeches [273] And Southerly below y^ falls on both sides of y^
Creek as far as to y^ Land off Machaktehank, together w'. all our
Right, Title and Intrest, in all y^ woods, Lands, Pastures, medows,
marches, Creeks, kills, Rivelets, Trees, Timber, w^ all oy*". Com-
modities, Emulements and Conveniencies thereunto, appertaining,
and belonging, to have and to hold, y« Said Tract and Parcell of
Land and Premises, to them y^ Said Lucas Santen, John Spragge,
Dirlv Wessells, and Cornelis van Dyck there heires and Assigns for
Ever, and in y^ quiet full and Peaceable Possession of y^ Said Tract
and Parcell of Land and Premises them y« Said Lucas Santen.
John Spragge, Dirk Wessells & Cornelis van Dyck, there heires and
assigns to keep and mentain, wee binde ourselfs our heires and
assigns for Ever firmly by these Presents. In wittnesse whereoff
wee have hereunto Putt our marks & Seals in y'^ Presence of^P"".
Schuyler & David Schuyler Justices of y^ Peace ; and Interpreted by
Arnout Corn : Viele Sworn Interpreter, in Albany y^ fourth day of




DEEDS 1 678- 1 704 261

february in y'^ Seven & thirtieth year of his majst. Reign Annoq.
Dom. i68i

r y^ words between y^ 13 and 14 Hne
'] was interlined before signing

The mark of X Nishotawa
The mark X of Awaanpaak
Tmerk X van Panematt
The mark X of IVatfawitta
Sachem of y*^ Mahikan-
ders as Witnesse —
The X mark off mamatamitt
as a witnesse

Signed & Sealed

in y^ Presence of
Pieter Schuyler Justis of the peace
Davidt Schxiiler Justus of the peace
Arnout Corn : Viele tolck ^

My Present
RoB'^. Livingston CI.

Bond and mortgage of Jan Verbeeck to Stephanus van Cortlant
and Jacob Sanders Glen, attorneys for the late Volkwen
Momma, merchant at Amsterdam, with assignment of mort-
gage to Johannes Cuyler and satisfaction by him

[274] Appeared before us, the undersigned justices of the peace
for the county of Albany, Mr Jan Verbeek, ex-magistrate, who ac-
knowledges and declares that he is honestly and truly indebted to
Mr Stephanus van Cortlant and Mr Jacob Sanders Glenn, at-
torneys for Mr Volkwen Momma,^ in his lifetime merchant at
Amsterdam, in the sum of four hundred and sixty-two guilders
and seven stivers in beavers, growing out of goods and merchan-
dise which he to his content received of the late Jan Bastiaensen
van Gudsenhooven,^ in his lifetime factor for Mr Momma, for
which sum the subscriber executed a mortgage in favor of said Jan
Bastiaense van Gudsenhooven upon his house and lot standing and



1 Tolck is Dutch for Interpreter.

2 Volkwen, or Folkwin. Momma may have been a brother of Maria Momma,
the wife of Wouter van Twiller. In the letter book of Jeremias van
Rensselaer among the Rensselaerswyck Mss are several letters addressed to
Maria Momma about Inisiness matters that had been intrusted to Jan
Bastiaensen van Gudsenhoven and in which she seems to have had an interest.
Cf. Release on p. 340.

3 He died in the colony of Rensselaerswyck in 1666 or 1667; see r«»
Rensselaer Bozvier Mss, p. 844.



262 EARLY RECORDS OF ALBANY

lying here in Albany, then Beverwyk, before Mr Johannes La
Montagnie, Abraham Staets and Adriaen Gerritsen, then in office
as by said mortgage and special pledge appears, dated the 30th of
July 1661, which is held in full force and virtue and hereby con-
firmed, excepting that the lot which he sold to Reynier Schaets with
consent of Jacob Sanders, attorney of the said Mr Momma, which
shall not be comprised therein; which aforesaid sum of f 1.462:7 he,
the subscriber, promises to pay to the aforenamed Mr Steph : van
Cortlant and Mr Jacob Sanderse Glenn, attorneys for said Mr
\'olkwen Momma, or to their order and that in good, whole, salable
beaver skins at eight guilders a piece, therefore binding specially his
new house wherein he, the subscriber, at present dwells, with the
adjoining lot or alley of five feet, lying between the houses of Marte
Gerritse and Reynier Shaets aforenamed, which lot is in breadth
behind fifteen feet and some inches ; and generally his person and
estate, real and personal, present and future, nothing excepted, for
the recovery if need be of the aforewritten sum without loss and
expense, all under guaranty as herein before stated. Done in Al-
bany, the 17th of February 168*.

Jan Verbeeck (L. S.)
Johannes W'endel In my presence,

Justes of de pees Rob^. Livingston, CI.

Memorandum. Whereas Johannis Cuyler of the city of Albany
has bought the right and interest in the debts and claims due to
Mr Momma and others heretofore executed by the aforenamed
Jan Bastiaense van Gudsenhooven of his heir Mr Volequyn Kip,
merchant at Amsterdam, according to the bill of sale dated Sep-
tember 18, 1696, therefore I, the undersigned, assign the contents
of the above written mortgage to said Johannis Cuyler or to his
order. As witness my hand in N: York, May 19, 1697.

Was signed: S: V: Cortlant

Alb: y*^ i* of May 1702

The Contents of y^ above mortgage of Jan A'erbeek Dec^.
Received of Wouter van der Zee in four severall times doe there-
fore Exonerate and Discharge y^. s^. mortgage as witnesse my

hand

Johannes Cuyler



DEEDS 1 678- 1 704 263

Deed from Ryck Claessen to Johannes Wendel for a house and

lot in Albany

[275] Appeared before us, the undersigned justices of the peace
for the county of Albany, Ryck Claese, husbandman dwelling at
Canastagioene, who declared that he granted, conveyed and made
over in true, rightful and absolute ownership to and for the behoof
of Mr Johannes Wendel a house and lot standing and lying here in
Albany on the hill, between the house of the heirs of W". Parker,
deceased, and the common alley of the houses of And*. Teller and
Ger^ Hartenbergh ; in breadth tw^enty feet and in length three rods
and a half, all Rhineland measure, as the same lies inclosed in its
fence ; which he, the grantor, does by virtue of the conveyance re-
ceived by him from W'". Parker, dated the 13th of October 1671,'
to which reference is herein made, and that free and unincumbered,
without any charges thereon or issuing out of the same (saving the
lord's right), without the grantor's having any claim in the least
thereon, acknowledging that he is fully paid and satisfied therefor,



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