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Minutes of the Court of Albany, Rensselaerswyck, And

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Minutes of the Court of Albany, Rensselaerswyck, And MINUTES OF THE COURT OF ALBANY, RENSSELAERSWYCK AND SCHENECTADY 1 6 8 0 — 1685 V O L U M E III Translated and edited by A. J. F. VAN LAER Archivist, Division of Archives and History ALBANY THE UNIVERSITY OF THE STATE OF NEW YORK 1932 PREFACE This volume contains translations of die minutes of the court of Albany, colony of Rensselaerswyck and Schenectady for June 3, 1680— December 1, 1685. The original record is a folio volume of 687 pages, which on the back is lettered “Pro­ ceedings, Justices of the Peace. 1665. 1685.*’, the date 1665, which appears at the bottom of the first page, having been mis­ taken for that of the beginning of the record. The term “Jus­ tices of die Peace,” as a designation of the members of the court, first occurs in the minutes under date of May 14, 1684, and marks the change in the judicial organization of the province which was made shortly after Governor Dongan’s arrival from England in 1683. An act passed by the General Assembly on November 1, 1683, divided the province of New York and its dependencies into 12 counties, the “County of Albany to conteyne, the town of Albany the County [colony] of Renslaerswyck, Schonech- teda, and all the Villages, neighbourhoods and Christian Planta- cons on the East side of Hudsons river from Roelof Jansens creeke, and on the West side from Sawers Creeke to the Sar- raghtoga.” The same day an act was passed “to settle Courts of Justice.” This act established four distinct tribunals: a petty court in every town for the trial of small causes of debt and trespass; a Court of Sessions in every county for the trial by jury of civil and criminal causes; a Court of Oyer and Terminer and General Goal Delivery in every county; and a Court of Chancery, com­ posed of the governor and council, to be accounted the Supreme Court of the province. The act provided that “the Judges or Justices of the respective [courts of] sessions Shall be the Jus­ tices of peace of Every the said respective Countys or three of them at the least,” and that the Court of Sessions for the county of Albany was to be held three times a year, on the first Tuesday [7] 8 Albany, Rensselaersivyck and Schenectady in the months of March, June and September, at the Town Hall of Albany. After the passage of these acts, the magistrates, or Commis­ saries, of Albany and the surrounding districts, then constituting the county of Albany, continued, as before, to sit at frequent inter­ vals for the administration of justice and the transaction of public business, in accordance with the instructions issued to them by Governor Andros on July 10, 1676, but they thenceforth styled themselves Justices of the Peace and also held courts of session, the minutes of the Court of Sessions for the town and county of Albany of March 3, 1684/5, and June 2, 1685, which were kept in English, being separately recorded at the end of volume 4 of Deeds in the Albany county clerk’s office. On April 23, 1683, the city of New York issued a warrant to the sheriff to seize all flour imported into the city that was bolted and packed for transportation in any other place. As this action tended to deprive the inhabitants of Albany of some of their ancient privileges, the magistrates, on April 10, 1684, instructed their agent, Cornelis van Dyck, who was to go to New York to present to the governor the nomination of new members of the court, to appear before the governor and council to urge that the former privileges might be maintained and that “the town might be a corporation and be ruled by a mayor and aider- men, like those of New York, and might hold court, the same as they.” While this request was not immediately granted, a step toward the formation of something resembling a municipal government was taken on May 26, 1684, when the court resolved to divide the town of Albany, the colony of Rensselaerswyck and the places adjacent thereto into six wards, four for Albany and two for the districts south and north of the town, and ap­ pointed June 3d as the date for the election by the inhabitants of six Wyc^meesters, one for each ward, who together were to form a Common Council for the raising of taxes and the framing of ordinances for the regulation of the trade. Thereafter, until the erection of Albany into a city by the Dongan charter of July 22, 1686, these Wyckmeesters sat with the Justices of the Court Minutes, 1680-1685 9 Peace for the transaction of legislative and administrative busi­ ness of the town and county, while the magistrates alone attended to the administration of justice. The present record is the last of the series of Dutch court rec­ ords in the Albany county clerk’s office. Between its final date and July 26, 1686, the date of the first entry of the proceedings of the Mayor’s Court, which are written in English and which are printed in Munsell’s Annals of Albany, there is a gap of almost eight months, for which no minutes are known to be in existence. An attempt to have the Dutch court minutes translated was made on August 3, 1835, when the Common Council of the city of Albany: Resolved that a Committee of three be appointed to examine the original records and minutes remaining in the custody of the Common Council or in that of the Clerk of the City and County of Albany written in the Dutch Language and pertaining to the business and proceedings of the said Common Council and Report to this Board whether it is Expedient to have them translated into the English Language and the probable expense of the same. Adopted and Messrs Bloodgood, Quackenbush and Walsh appointed the Committee. (Afin.C.C., 39:129—30). On March 28, 1836, the committee reported as follows: The Committee to whom was referred the inquiry as to the expediency of translating the Dutch Records within the custody of this Board, Re­ spectfully Report, That they have deferred action upon the subject in consequence of their inability to find any person who could instruct them as to the nature and importance of their contents. Upon an examination however recently made, they find but one volume which appears to have any connection with the proceedings of the Common Council and this contains the minutes of the years 1680 to 1685, inclusive. Your Committee think it advisable that on some fitting occasion the volume in question should be translated by a competent person; but they are at present unable to designate any such; all which is respectfully submitted. S. De Witt Bloodgood Jno. S. Walsh Jn°. N. Quackenbush Adopted. (M in.C.C., 3 9 :3 4 6 ). 10 Albany, Rensselaerswyck and Schenectady No further action appears to have been taken until September 6, 1842, when, on motion of Mayor Barent Philip Staats, the Common Council: Resolved That the Committee on Colleges & Academies be requested to have the Dutch Record Minutes in the Clerks office to be translated into English: provided the expense shall not exceed the sum of two hun­ dred dollars. (A/in.C.C., 44:379). Under this resolution, a synopsis, instead of a full translation, was prepared of the minutes of the court for January 4, 1676— April 6, 1680, and June 3, 1680—December 1, 1685. This synopsis forms a folio volume which is marked on the back “Min­ utes 1676-1685 City of Albany 2.” It is bound in the same style as the original minutes of the Common Council and is with these minutes deposited in the manuscript section of the New York State Library. May 1930. A. J. F. VAN L aer [ 1 ] I n t h e N ame of God. A men Continuation of t h e P rotocol or Court R ecord of A lbany, Colony of R enselaerswyck and SCHAENHECHTADY, ETC. Extraordinary session held in Albany on the 3d of June, by authority of his Majesty, in the 32d year of the reign of our Sov­ ereign Lord Carolus the Second, by the Grace of God King of Great Britain, France and Ireland, Defender of the Faith, and in the year of Our Lord and Savior Jesus Christ, 1680. Present: Marte Gerritse Dirk Wessells Hend. van Ness Joh. Provoost Teun. van der Poel Rich. Pretty, sheriff Rob* Livingston, secretary Mr Samuel Winder, attorney for Capt. John Palmer, succes­ sor of Mr John Winder, deceased, plaintiff, against Jan Ver beek, defendant. The plaintiff demands of the defendant the sum of 16 gl. in beavers, showing by the journal and ledger of Mr John Winder, fol. 24, under date of October 5, 1665, that the defendant is indebted to that amount. [2] The defendant says that to his knowledge he never did any trading or transacted any business with the late Winder. The honorable court adjudge that the books deserve credence. Therefore, they condemn the defendant to pay the plaintiff or his order the aforesaid sum of 16 gl. in beavers, cum expensis. Idem, plaintiff, against Lambert van Valkenburgh, defendant. The plaintiff demands of the defendant the sum of 28 gl. in seawan, showing by the books of Mr Jan Winder, fol. 24, under [11] 12 Albany, Rensselaerswyck and Schenectady date of October 25, 1665, that the defendant is debited with that amount. The defendant is absent but notifies the court by the court messenger, Mr W m Parker, that he owes the amount and is willing to pay.
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