IF 129 IA35M8 185O lv.4 c. 1 ROBA Presented to the

LIBRARY of the UNIVERSITY OF TORONTO

by

?.IO LEGISLATIVE Li3?A?.Y-

THE ..

ANNALS OF AL

BY. J. MUNSELL

VOL. IV

ALBANY: JOEL MUNSELL, 78 STATE STREET. 1853.

PREFACE.

It has been said, truly, that antiquity has a just claim upon our veneration. But it does not follow, as has also been said in the same connection, that the enthusiastic antiquary, peering into the murky recesses of the olden ages, till his eyes become dim with ancient dust, must necessarily be wholly blind to the splendid realities of the present. The past and the present are equally the objects of preservation here. Among the contents of this volume will be found a portion of the Albany Records. They disclose the mo- tives which induced Gov. Stuyvesant to insist, with so much resolution, upon the boundaries of Fort Orange, now the city of Albany. His employers at home strenu- ously inculcated an energetic defence of the title to the premises against the . The notes at the bottom of the pages of these records, in British cur- rency, are the work of the translator, and seem to be discrepant, although the translator should have had the best knowledge of the subject. The same remark is made of the guilders reduced to English currency in pa- rentheses. The current annals of the year are almost confined to a necrology; repetitions of events of daily occurrence, needing a greater lapse of time to give them sufficient dignity in print, have been somewhat abridged, CONTENTS.

Records of the Court of Assize, 7 Capitulation of the Dutch to the English, 28 Charter of Liberties and Privilege?, 32 Albany Records, 40 City Records, 1699 to 1705, OS Plan of Albany, 1676, 200 Acts relating to Albany, 1691 to 1713, 203 Rochefoucault-Liancourt in Albany , 219 Burning of Schenectady, 240 Inscriptions in the Episcopal Burinl Ground, 277 Notes from the Newspapers, 306 Objections to the adoption of the Constitution, 336 Plan of Albany, 1765, 344 Annals of the year 1852, 345 Heal and Personal Property assessed, 1852, 385 Rain Tables, 388 Governors under the English Dynasty, 394 Opening and Closing of the Rher, 391 Index, 395

ILLUSTRATIONS.

Plan of Albany, 1770, Frontispiece.. Plan of Albany, 1676, 200 Cohoes Falls. 233 Plan of Albany, 1765, 344 Taylor Monument, 300 Old City Hall, 326 ANNALS OF ALBANY.

RECORDS OF THE COUKT OF ASSIZE

From a Volume in the Office of the Secretary of State.*

New York, Sept. 27th, 1666. William Teller Plaintiff, Cornelius Bogardus Defendant. An appeal from a verdict obtained in the Court at Albany.

William Teller Plaintiff. The Executors of Cornelius Bogardus Defendants. Mr. Rider and Mr. Sharp attorneys for Plaintiff. They put in a Declaration complaining against the Judgment of the Court at Albany, whereby the Plaintiff was ordered to give in a Particular of his Estate, as it was at ye Decease of his former wife that her children's portions might bee ascertained and secured. He Alledges his ignorance of the Customes at Albany at that time so omitted, but gave it in Gross as hee was informed other it had done before him ; That was absolutely impossible for him to comply with said Judgment, the property of divers things being altered, and it being so long since that many things are out of his minde. but hee is ready to sweare to what hee formerly gave in. A Copy was read, of the Plaintiffs giving in security to the Weesmasters for Three Thousand five hundred Guilders for the Children.

* Only such matters as relate to the city of Albany and its inha- bitants are copied from these records, which were kept in the city of New York, immediately after it came into the hands of the English 2 8 Records of the Court of Assize. before his Second Marriage, which was published at Alba- ny and in this City. That no exception was then made against it, so the Plaintiff tooke it for graunted, hee had performed his duty. Goosen Garretsens Evidence was read. Mr. Bogardus appeares for the Defendants and putts in an Answer to the Declaration, and produces Proofes to make the Plaintiffs fraud to appeare. Hee produces also, Depositions from several! other persons, which were ob- e jected against, as taken since y Tryall at Albany. The Court having heard the Case debated at large and examined the proofes and Testimonyes on both parts, do thinke fit to Order and Decree as followeth (vizt.) William Teller Plaintiff. The Executors of Cornelius Bogardus Defendants. At the Generall Court of Assizes, &c. The Court doth e Decree, That in regard y Apellant did not, according to e the Law and Custome of y Country where hee Inhabitts (in such Cases Provided) give in a peculiar Account of his 6 Estate to y Weesmasters or Overseers for Orphans, who are persons appointed to receive the same whereby the Court hath reason to suspect, that the Children are de- frauded of their due Rights Therefore the said Apellant shall pay to each of the Children hee had by his former wife, the Sume of Eighty five Bevers, over and above what his Daughter Helena, the widdow of Cornelius Bogardus, hath received And that the said Appellant do put in Se- curity to the Weesmasters or Overseers of Orphans at Albany, for the due performance hereof And further, That the said Weesmasters and Overseers are hereby re- quired and Authorized to put this Decree in Execution according to the true intent and meaning hereof, And also, that the said Appellant do pay the Costs of Court and Charges.

e Nov. 4th, 1669. That y Lawes relating here unto (uniformity of Weights &c,) shall be put in execution. 6 The time for y Inhabitants of this Citty of New Yorke 6 Long Island & places adjacent to begin on y first day of e January next, & for y Towne of Albany, Rensselaerswijk, Records of the Court of Assize. 9

Schanecktade, als Kingston, Esopus and these parts adja- 6 cent on y 1st day of Aprill, by which tyme all persons that sell either by weight or measure are to be provided 6 with weights and measures according to y English stand- ard of which y Officers in each respective place are to take care, & that no person shall presume to sell by any other weight or measure.

The Governor's Letter to ye Commissaries at Albany. Gentlemen There hath beene with the Governor Pere- 6 wyr lately chosen Sachem of y Hackingsack Tappan & e Staten Island Indians to renew and acknowledg y peace between them and the Xprime here & with all declared 6 y" peace made between them & y Maques & Syunaks Indians, The which they say they are resolved to keep inviolably. The Governor hath comaunded me to signify 6 y same unto you & you may putt it upon record there as it will be here to be a Testimony against those that shall e make y first breach. This is all at present from Gent, Your very Loving freind New York, August 13th, 1669. 6 To y Commissaries at Albany, These.

The Governor's Letter to ye Schout at Albany. e Mr. G. Swart I understand that in taking y security e of Captain Baker, for his appearance at y Assizes you tooke an Inventory of all his goods and engaged them likewise y6 which you had no direction to do the Assizes being putt of for a month your former bond stands good, 6 but in y meane tyme you are no way to molest Captain 6 Baker in y disposall of his goods either by way of Trade or any other occasione he shall have for them so that he make not away all his Estate with fraudulent intent to 6 deceive y course of Law and Justice which is all I have to say at present being Your Loving freind F. LOVELACE. New Yorke, October 2d, 1669. For Mr. G. Swart Schout at Albany, These. 10 Records of the Court of Assize.

The Governor's Letter to the Schout and Commissaryes at Albany. 6 Gentlemen The Governor hath received y proposi- tions you sent from y6 Matucander Indians a Copy where of he doth intend to transmitt to Governour Winthrop e from whom he dayly Expects a returne of all y former papers of which you will have an Acct. The Governour hath given me Orders to acquaint you t