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N.Y.C. Orphin
PUBLICATIONS OF THE COMMITTEE ON HISTORY AND TRADITION OF THE COLONIAL DAMES OF THE STATE OF NEW YORK .
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17 a.Tere.
Yorkcity.
THE MINUTES OF THE ORPHANMASTERS
OF
NEW AMSTERDAM
1655 to 1663
TRANSLATED AND EDITED UNDER THE AUSPICES OF THE COMMITTEE ON HISTORY AND TRADITION OF THE
COLONIAL DAMES OF THE STATE OF NEW YORK
BY BERTHOLD FERNOW Late Archivist of the State of New York, Honorary resp. Corresponding Member of the Historical Societies of New York, New Jersey, Pennsylvania, Virginia, etc., etc., etc.
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NEW YORK FRANCIS P. HARPER 1902
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253114
COPYRIGHT, 1902, BY SOCIETY OF COLONIAL DAMES STATE OF NEW YORK.
Katamis AUvolent Verflaude, 00
Edition Limited to 300 Copies
4
THE COMMITTEE ON
HISTORY AND TRADITION
OF THE
olonial Dames of the
State of D. V.
MRS. WILMOT TOWNSEND COX, Chairman. MRS. ALFRED CORNELIUS HOWLAND, MRS. CHARLES S. FAIRCHILD, MRS. ROBERT FANSHAWE BLOODGOOD, MRS. CHARLES LUDOVIC HACKSTAFF,
MRS. CHARLES PRICE BRITTON, MRS. CHARLES F. OSTRANDER, MRS. WILLIAM GRAY PARK, MRS. THOMAS NICKERSON, JR., MRS. HORACE CLARK DU VAL, MRS. HORATIO SEYMOUR.
PREFACE.
IT was argued in an elevated railway case, some years ago, that only English law prevailed on Man- hattans Island, even though the Dutch West India Company ruled the Province of which the Island was a part, but nevertheless we have to look for the origin of the Orphans' Court, of which the minutes are herewith presented, in the TWELVE TABLES of the Roman law, of which the fifth re- lated to inheritances and guardianships. The By- zantine Emperor Justinian (527 to 565 A. D.), wish- ing to promulgate a body of law, not too bulky for general use, appointed a commission of jurists, who compiled the works on which all laws of Continental Europe are based to-day; two previous compila- tions -- the Roman law of the Burgundians and the Roman law of the Visigoths-having been used to am- plify or diminish the provisions of Justinian's Code.
The Institutes of Justinian direct that, if a person died without a testament, the law should regulate the succession to the inheritance, as prescribed in the Twelve Tables ; also that a curator or guardian must be appointed, when the heirs or children were minors, and therefore not only not able to conduct their affairs, but also unable to understand, perhaps
vi
Preface.
to speak, the forms necessary in legal transactions. They were considered unfit to protect their own in- terests, until they had completed their twenty-fifth year.
The Roman Dutch law added to this provision of Justinian the rule of the great Greek lawgiver Solon, that no one should be the guardian of a per- son whose death would benefit such guardian. It was, as Sir Edmund Coke said, to avoid, quasi agnum committere lupo ad devorandum ("turn the lamb over to the wolf, that he might devour it "). Various cases, related in the following pages, will show that the Orphan Masters of New Amsterdam strictly adhered to this rule, and never made a sur- viving parent the curator of the property to which the child or children were entitled.
Before New Amsterdam received its charter as a city the Director General and Council of the Prov- ince were ex-officio bound " to take cognizance of matters pertaining to minor children, widows, or- phans, etc.," and under their supervision the Deacons of the Reformed Church acted as Orphan Masters, but with the incorporation of the village as a city the duties of Director and Council devolved upon the newly created municipal rulers-the Burgomas- ters and Schepens,-who, at their second meeting on February 10, 1653, resolved " that it is necessary to appoint Orphanmasters," for which position they submitted to the Director and Council four names to select two.
vii
Preface.
" However praiseworthy," replied Stuyvesant, " the intention of the Burgomasters and Schepens is and the Director General and Council are pleased with it, yet considering, that more appendages are required thereto, before such an Orphans' Court could be established, for which the weak state of this just beginning City is not yet prepared, while at the same time it is not less necessary according to God's orders to take care of widows and children, the Director General and Council decide, that as here- tofore the Deacons shall keep their eyes open and look as Orphanmasters after widows and orphans, reporting to Burgomasters and Schepens, that spe- cial curators * may be appointed for this or that widow and orphans or over their estates, whereupon Burgomasters and Schepens shall make such order and appoint such curators as may be required by cir- cumstances, the curators being responsible to Burgo- masters and Schepens and if these learn, that the effects and property of widows and orphans are not taken care of, they are to appoint other curators and call the negligent to account."
No records are in existence to tell us how matters were managed under this ruling, but we must as- sume this modus vivendi was not quite satisfactory, for on October 18, 1655, the Burgomasters take up again the appointment of regular Orphan Masters, writing to the Director General and Council :
* Under Roman law the curator had charge of the estate, and the tutor of the person of his ward or pupil.
viii
Preface.
" Whereas we find by daily experience and petitions, presented to us, that there are at present in this City widows and orphans, for whom we deem it necessary, that proper provision be made in order, that they and their property and effects be properly employed and administered ; therefore we request, according to our instructions, that your Honours would be pleased, to commission (according to the custom of our Fatherland) certain persons, who might attend, as Orphanmasters, to that duty." * The Director and Council quickly admitted the necessity of the appointment of such officers and selected from the four men whose names had been submitted, two, who, however, did not act as Orphan Masters, but only as Overseers of Orphans ; the Burgomasters continuing to sit as Judges of the Orphans' Court ; and it required a new remonstrance on their part in February, 1656, to induce Stuyvesant to the creation of the office as a separate body, "whose duty it shall solely be, to attend to orphans and minor chil- dren within the jurisdiction of this City and to ad- minister on their property in and out of the City and oversee such administration by others." +
The names of the people of whom this volume speaks are invariably written as in the original man- uscripts, and the divergences occurring are not typo- graphical errors. BERTHOLD FERNOW.
* This translation is taken from p. 380, vol. i, " Records of New Am- sterdam."
+ For the laws governing this Court see Rooseboom, " Receuil van Weeten en Kostumen der Staden Amsterdam, 1656."
1
MINUTES OF THE ORPHAN MASTERS OF NEW AMSTERDAM
1655-1663
(THE SURROGATE'S COURT IN DUTCH TIMES)
The Right Honourable Director General and Coun- cil of New Netherland
Are respectfully informed by the undersigned Burgomasters of this City of Amsterdam in New Netherland :
That by daily experience through requests to us we find, that there are now in this City widows and orphans, who we think should be taken care of, that their means and property be well administered and made use of. In obedience to our instructions we therefore request your Honours, that following the customs of our Fatherland you will appoint some persons to the office of Orphan Masters, for which we propose a double number, from whom your Honours will please to select and appoint a single one. Awaiting your Honours' favorable decision we remain
Your Honours' subjects
The Burgomasters of the City of Amsterdam ALLARD ANTHONY OLOFF STEVENSEN Amsterdam in N. N., October 18, 1655.
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Minutes of the Orphan Masters
We nominate
PIETER WOLFERTSEN, HENDRICK HENDRICKSEN KIP PIETER CORN. VAN VEEN & JACOB STEENDAM
The Director General and Council have selected and confirmed as Overseers of orphans Pieter Wol- fersen van Couwenhoven and Pieter Cornelissen van der Veen, to attend to the duties of this office for the benefit of widows and orphans, communicating with and under the instructions of the Burgomasters. Done at the meeting of Director General and Coun- cil of N. N. Octobr. 19, 1655.
(Signed) P. STUYVESANT By order of Director General and Council CORNELIS VAN RUYVEN, Secry.
Tuesday, November 9, 1655, at the City Hall present the Worshipful Burgomasters of the City of Amsterdam as Orphan Masters, towit Messrs. Al- lard Anthony and Olof Stevensen.
Whereas Elbert Elbertsen in trying to board the ship Bontekoe was drowned in the North River and it is known, that Rynier Rycken, free merchant here, received from the deceased before his departure power of attorney for the business here in the coun- try, Therefore said Rynier Rycken, being summoned, appeared and admitted having the power of attor- ney ; he was ordered to produce it at the next meet- ing of the Orphan Masters, namely next Tuesday, and in the meantime Secretary Kip is to take a com-
3
of New Amsterdam.
plete inventory of what said Elbert Elbertsen may have left here.
Whereas Claes Willemsen de Jongh, of Amsterdam has died here at the house of Adriaen Blommart, Therefore said Blommart is summoned by their Worships, as Orphan Masters, to give information concerning the affairs and the estate of deceased and appearing declares, that Claes de Jongh dec'd had given him in his lifetime power of attorney and that therefore he, Blommart, had an inventory of the goods made by Notary Schelluyne. As it is consid- ered necessary, that said power of attorney and in- ventory should be produced, said Blommart is or- dered to bring an authenticated copy of the papers to the meeting of the Orphan Masters next Tuesday.
Whereas Johan van Beeck has perished in the last disaster ' Therefore their Worships, the Burgomas- ters, as Orphan Masters, consider it necessary, that agreeably to the customs of the Fatherland guard- ians for the infant child be appointed and for this purpose there has been summoned Maria Verleth, the widow of said J. van Beeck, and the matter was laid before her ; but as she could not so quickly re- solve, whom to name and refused some, who were proposed, she was given time to think of it until the next meeting of the Orphan Masters, next Tuesday at 10 0. c. and the case deferred until then.
1 Probably the Indian onslaught of September 15, 1655.
4
Minutes of the Orphan Masters
Whereas Pieter Cecer, alias Mallemock, and his wife have lately died, leaving six small children, Therefore their Worships, the Burgomasters, as Orphan Masters, have deemed it necessary, that tutors and guardians for said children be appointed and they have selected as such and herewith appoint Pieter van Linde as being the stepfather of the mother, and Isaacq Kip as witness ( getuyge) for the youngest child. They are hereby authorized to sell or employ the goods and property, left by deceased, for the benefit of the children, to hire out or bind out the children to honest and suitable people and to do everything, what time and circumstances point out as proper. They shall be held, when called upon, to render account, produce vouchers etc to the Orphan Masters. Thus done etc. November 9, 1655.
Whereas Cornelis Hendricksen of Dort has per- ished in the late disaster2 and has left besides a widow a small child and whereas as yet no inventory has been taken of his estate, Therefore his widow Madaleen Dircx has been summoned to appear be- fore their Worships, the Burgomasters, as Orphan Masters, and she was asked, whether she knew of any relatives of her husband here in the country; she answered, she knew of none and as their Worships consider it necessary, to appoint, according to the customs of the Fatherland, guardians for the small
2 See previous note.
5
of New Amsterdam.
child, they have chosen and appointed, as they here- with do, Jan Vinje, as being related to the widow, and Hendrick Kip, an old Burgher and inhabitant here, who are hereby authorized to take within three days from date in the presence of the Secretary an inventory of the estate of said Cornelis Hendricksen dec'd and to submit the same next Tuesday to the Orphanmasters who will then decide upon the dis- position of it. Done as above.
Whereas Cornelis Clasen Swits and Tobias Teun- issen perished in the last disaster and their widows and children are still with the savage barbarians and whereas quite lately in gathering the cattle on the Island some heads were found and brought in, be- longing to said Cornelis Clasen and Tobias Teunissen dec'd, Therefore their Worships, the Burgomasters, as Orphanmasters, have deemed it necessary, that proper care be taken to have said cattle put to use for the benefit of the widows and orphans. For this purpose they have chosen and appointed, as they herewith do, Egbert Woutersen, Tomas Hall and Cornelis Aertsen, who are hereby authorized to dis- pose of said cattle, as they according to time and circumstances shall consider best for the heirs. They shall be bound to report such disposals with proofs, vouchers etc. to the Orphan masters. Done November 10, 1655.
Jan Vinje appeared at the Secretary's office and declared, that he could not attend to the guardian-
6
Minutes of the Orphan Masters
ship of the small child of Cornelis Hendricksen of Dort dec'd, as he had too much to do with his own business and had also been refused by the widow Madaleene.
Tuesday, the 16th of November 1656 (sic). At the City Hall met the Worshipful Burgomasters of the City of Amsterdam in N. N. as Orphanmasters, to-wit the Honble Allard Anthony and Oloff Stevensen.
Whereas Maria Verleth, widow of Joh. van Beeck, was at the last meeting on the 9th inst given time until to-day, to consider, whom she should name as guardian of her infant child, therefore it has been decided to send the messenger for said widow to appear: which being done, the Messenger reports, that she had said, she were busy and could not come.
Then the Orphanmasters decreed as follows :
Whereas Sieur Johannes van Beeck has lately perished in the last disaster and has left behind in this country not only a widow, but also a small minor child, Therefore the Burgomasters of this City as Orphanmasters have deemed it necessary, that following the usages of our Fatherland guardians be appointed for said child, in order that neither the child nor the widow may be injured in their rights and inherited property and having called the widow Maria Verleth to appear they have after due deliberation appointed and commissioned as guardians, as they hereby do, Sieur Joost van Beeck,
7
of New Amsterdam.
the brother of Johannes van Beeck deceased, and Nicolas Verleth, the brother of the widow, who are hereby authorized as such guardians, first to make in the presence of the Secretary an inventory of the estate, including furniture, real and personal property, debts and credits, here in the country due to and by deceased, which inventory they are to hand to the Orphanmasters as soon as possible, then to make with their advice a proper disposition. Done this 16th of November 1655.
It is further ordered, that a copy of the foregoing order shall be delivered by the Court Messenger to Sieur Joost van Beeck.
Whereas Madalcen Dircksen, widow of Cornelis Hendricksen of Dort, has refused to accept the guardians, appointed by the Orphanmasters and whereas up to date no inventory of the estate has been taken, therefore their Worships have decided, to call said widow before them, that she may give her reasons and state, whom she wishes. Appear- ing the widow says, she refuses the formerly appointed guardians, because Jan Vinje is her adversary and has never had any conversation with her or her late husband, while Hendrick Kip is in no wise a relative or friend. She requests, that the Orphanmasters, if they decide, that guardians are necessary, will please to commission Abraham Ver- planck and Andries de Hacs. Not knowing any reasons, why the named persons should not be made
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8
Minutes of the Orphan Masters
guardians, the Orphanmasters grant the widow's request and the men are sent for. Having accepted the charge they are commissioned in the manner as the preceding guardians and ordered to bring the inventory of the estate to the next meeting.
Rynier Rycken appearing produces, according to order given at the last meeting, the power of attorney, given him by Elbert Elbertsen dec'd and executed before Notary D. v. Schelluyne Novbr. I, together with the inventory of what he found to have been left by deceased. He requests, that as such attorney he may be allowed to sell the clothing etc. of deceased for the benefit of the heirs. After due consideration the Orphanmasters granted the request and ordered that said goods should be sold by Secretary Kip at public auction as soon as possible.
Pursuant to order, given at the last meeting, Adriaen Blommart sent the power of attorney, given him by Claes W. de Jongh dec'd. before Notary Schelluyne October 12, 1655, together with the inventory of deceased's property found here in this country. Having examined it the Orphan- masters ordered the power of attorney and the inventory to be recorded.
Whereas Pieter van Linde was at the last meeting appointed guardian with Isaack Kip of the minor
9
of New Amsterdam.
children of Pieter Cecer and in the meantime has produced sufficient reasons for declining to act, Therefore the Orphanmasters have chosen and com- missioned in his place, as they hereby do, Mr. Jacob Huges, Surgeon here, to have the same powers as mentioned in the former commission. Done November 16, 1655.
Tuesday, November 23, 1656 (sic), at the City Hall, Present the W. Orphanmasters Allard An- thony and Olof Stevensen.
Lourens Jansen appearing before their Worships, the Burgomasters as Orphanmasters, reported that one Barent Driesen and Aeltie N., his wife, had perished on Staten Island during this last disaster and that there remained a minor child, called Jan Barensen, about 7 years, who was at his house; also, that there were still running on Staten Island some cattle and other animals of the deceased. He requests therefore, that guardians might be ap- pointed, to look after and administer said cattle and what else is left for the benefit of the child. Considering the request reasonable the Orphan- masters have chosen and commissioned Jan Eversen Bout and Lourens Jansen, who as guardians of said infant child are authorized to make an inventory of the animals and of whatever else the deceased have left and to administer upon the property for the best of said child, they being obliged to render and prove accounts to the Orphanmasters, when required.
IO
Minutes of the Orphan Masters
Abraham Verplanck and Andries de Haes, guardians of the infant child of Cornelis Hendrick- sen from Dort, appearing before the Court delivered pursuant to order the inventory of what they have found, which after examination is discovered of little value. Said guardians are therefore ordered to pay the debts and collect what is due, as well as possible, to sell the clothing and the utensils of deceased at public auction and to make a calculation for an agreement to buy out the widow.
The Honble Jacob Strycker appearing reports, that during the late disaster three young men from Steenwyck, namely Jan Mewes, Evert Jansen and Jan Gerritsen, living at Verdoncx, have perished and that they have standing at his house a chest with some clothing, which might be spoiled ; that there- fore it is necessary to open, inventory and sell it for the benefit of the heirs. For this reason he requests, that the Orphanmasters will please to appoint such persons, as they think fit and the Orphanmasters have called on and commissioned the said Honble Jacob Strycker, Schepen of this City, and Allard Coninck, to open as soon as possible in the presence of the Secretary said chest, make an inventory and sell the contents for the benefit of heirs at public auction. Done etc Novbr. 23, 1655.
Thursday, the 20th of January 1656, at the City Hall. Present the Worshipful Orphanmasters Allard Anthony and Olof Stevensen.
of New Amsterdam.
Joost van Becck appearing requests, that their Worships would please to excuse him from the office of guardian over the minor child of his deceased brother Joh. van Beeck, first because he is in doubt, whether the marriage between his brother and Maria Verleth was legal, he not having been informed of its having been so declared ; therefore he would not know, how to govern himself in this case ; secondly, because he is a party in interest, as he has some claims on the estate of his deceased brother.
Having considered the reasons put forward by Joost van Beeck, also that the widow was from the beginning opposed to him as guardian, the Orphan- masters discharge him and in his place and that of Nicolacs Verleth, who as brother of the widow had been commissioned with van Beeck, they elect and appoint Sieurs Poulus Leendertsen van die Grift and Govert Loockermans, Burghers and landed pro- prietors of this City, giving them the following commission:
Whereas Sieur Johannes van Beeck has lately come to his death in the last assault by the Indians and has left here besides a widow also an infant child, Therefore the Burgomasters of this City as Orphan- masters consider it necessary, that following the customs of our Fatherland guardians be appointed for said infant child, in order that neither the same nor the widow be injured in their rights and property. They have for that reason summoned the widow Maria Verleth and whereas of the brothers of the
I2
Minutes of the Orphan Masters
deceased as well as of the widow having been requested and commissioned, the first refused to act, they have after due deliberation chosen as impartial guardians Sieurs Poulus Leendertsen van die Grift and Govert Loockermans, who are hereby authorized, (provided they receive their pay according to the Ordinance of the Orphan chamber of Amsterdam), to take as soon as possible an inventory of the property, both real and personal, debts and credits of said Johannes van Beeck here in the country and to pro- duce the same to the Orphanmasters, that with their advice and consent proper disposition thereof might be made. Done at the City Hall of Amsterdam in N. N. January 20, 1656.
Govert Loockermans and Pieter van Couwenhoven, guardians over the infant children of Jacob van Couwenhoven and his deceased wife Hester Jansen, appearing produced a testament, made by said Hester Jansen dec'd. and Jacob van Couwenhoven, before Notary D. v. Schelluyne and witnesses April 20, 1653, also evidence of the property, left by their mother to the children, sworn to by Couwenhoven before said Notary October 2, 1655, and an inven- tory of the children's jewels and clothing. They request that pursuant to the custom of our Father- land the money of the children may be deposited with the Orphan-chamber or put out on mortgage, so that they might not be prejudiced in their rights .- Considering the request reasonable, the Orphan-
13
of New Amsterdam.
masters provisionally order, that the testament and the proof of property shall be recorded in the Secre- tary's office and, whereas Couwenhoven is at present not in good health, that he shall be spoken to about it.
Abraham Verplanck and Andries de Haes, guard- ians of the infant child of Cornelis Hendricksen from Dort, having been called to make, pursuant to former order, a bargain for the inheritance of the child, appear and request a delay of eight days, as they have not yet cleared and liquidated the debts and credits here. Granted.
Whereas the guardians of the minor children of Pieter Cecer, alias Mallemock, dec'd. have several times complained, that there are no property or means to pay all the debts and collect what is due ; that they have no money to support the children in their charge, who are often brought to their house, and whereas they have requested, that some other arrangement might be made : Therefore the Orphan- masters herewith order said guardians to take the estate, as far as it is known to them, to the stewards of the dead and of the Indian sufferers or to the Deaconry, who are to clear the estate and take care of the children. Done etc January 20, 1656.
On the 24th of January I, Jacob Kip, Secretary, with Paulus Leendertsen van die Grift and Govert
14
Minutes of the Orphan Masters
Loockermans, administrators of the estate of Joh. van Bceck dec'd., have been at the house of his widow Maria Verleth and having read to her our authority requested her [to assist us] in making an inventory accordingly. She answered, she was not inclined nor bound to allow the taking of an inventory, as she and her husband were citizens of Herfort in New England, but, she says, she will send an answer to the next meeting of the Orphanmasters.
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