USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 11
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Paulus Paulussen, plaintiff, vs. Eva Swartwout, defendant. Plaintiff requests that defendant furnish proof, pursuant to his complaint of November 6, and produces as his witnesses, Gerret Fooken and Pieter Cornelissen, who depose that they did not per- sonally hear that plaintiff stole twelve chickens from her, but that they heard that she said, while plaintiff chased a hen out of the barn, "Whoever would do the one would also do the other."
The Honorable Court orders plaintiff to bring better proof, by a written declaration.
Tjerck Claesen de Wit files with the Court an inventory of the estate left by his brother-in-law, Jan Albertsen van Steenwyck, made November 14, 1663, and requests that, besides him, a curator of the said estate and a guardian of the minor children be ap- pointed.
The Honorable Court decides that, whereas, Domine Harmanue Blom, and the Consistory, Allert Heymans Roose, have, through the Village Messenger, forbidden the rendering of an account of the aforementioned estate, to the Honorable Court, and whereas
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this matter has not yet been decided, the petitioner must therefore wait until a decision shall have been rendered by the Supreme Magistrates, when he will then receive aid.
On November 26, 1663, Tjerck Claesen de Wit appeared before the Honorable Court here, and again filed with it the inventory of the estate left by Jan Alberse van Steenwyck, made November 14, last, with the further request that the Honorable Court please ap- point, besides him, a curator of the aforenamed estate and a guar- dian of the minor children, because at the last session (as the Court had declined to have said estate administered by it), the appearer was referred to Domine Blom and the Consistory, Allert Heymans, and though he went to them, they again referred him to the HIon- orable Court here, saying, after having read the aforesaid inven. tory, that they did not want to have anything to do with the estate, as there were heirs.
The Honorable Court, by a majority of votes, decides to ap- point and hereby appoints, besides the appearer, Evert Pels as curator for the estate left by Jan Albertsen van Steenwyck, and Hendrick Jochemsen as guardian of the minor children, for the purpose of administering the above estate according to law. Thus done at the session of Schout and Commissaries at Wildwyck, the day and year above mentioned.
The Commissary, Thomas Chambers, for reasons of his own, did not vote in the above case.
Ordinary Session, held Tuesday, December 4, 1663.
Present : Roelof Swartwout, Schout; Albert Gysberts, Thom- as Chambers, Gysbert van Imborch, Commissaries.
Gysbert van Imborch, plaintiff, vs. Albert Gysbertsen, de- fendant. Plaintiff produces an account against defendant for the sum of one hundred and ninety-eight gldrs., in zeewant. Defendant admits the debt, and says he is willing to pay, and requests time.
Whereas, plaintiff refuses time for payment, defendant is or- dered to satisfy him.
Eechtje Gerrets, plaintiff, vs. Christiaen Niessen romp, de. fendant. Both absent. Both in default.
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Tjerck Claesen de Wit, plaintiff, vs. Jonas Rantsou, defend- ant. Plaintiff demands from defendant five schepels of wheat. Defendant answers he has an account against the plaintiff.
The Honorable Court orders both parties to produce written accounts at its next session.
Tjerck Claesen de Wit, plaintiff, vs. Cornelis Barentsen Slecht, defendant. Absent. Plaintiff refusing to pay thirty-six stivers towards the amount agreed to be paid for the Court room, none of the parties summoned by him will be admitted within.
Roelof Swartwout, Schout, plaintiff, vs. Tjerck Clae- sen de Wit, defendant. Plaintiff submits a written complaint against defendant relating to a former complaint before the Hon- orable Court on November 20, and demands in regard thereto that, as defendant did not settle with the Schout, plaintiff, for the of- fenses committed by him, he be punished by banishment and con- . fiscation of his estate. Plaintiff also shows a certificate regarding the offenses committed by defendant, signed November 13, 1663 by Lambert Huybertsen and Pieter Hillebrants.
Defendant demands that the certificate be sworn to by the at- testants, before the Honorable Court, and further says that Pieter Hillebrants, one of the attestants to said certificate, is his witness and consequently cannot be permitted by the Court to swear to the certificate.
Lambert Huybertsen and Pieter Hillebrants, having been sum- moned before the Honorable Court to swear to their certificate, are prepared to swear to the same, but their oath is prevented by defendant himself, who is not willing that they should take it before the Honorable Court.
The defendant requests the Court to allow him four days' time to adjust this matter with the plaintiff.
The Honorable Court grants defendant's request.
Roelof Hendricks, plaintiff, vs. Pieter Jacobs, defendant. Plaintiff demands from defendant the amount of forty-five sche- pels of wheat and seventeen gldrs., in zeewant, and shows defend- ant's obligation for the same, five schepels of wheat and one schepel of oats having been credited thereon. He demands payment of the balance.
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Pieter Cornelissen, representing his partner, Pieter Jacobsen, admits the debt. Defendant is ordered to pay plaintiff the balance of the obligation.
Juriaen Westphael asks to be allowed to appear before the Court and, having entered, requests the Honorable Court to admin- ister the estate of Hendrick Jansen Looman, deceased, as he is stab- ling a horse which belonged to the aforesaid Looman, and, winter being near at hand, this will cause great expense to the estate of the deceased.
The Honorable Court resolves that, as Domine Blom and the Consistory forbade Juriaen Westphael, the appearer, and other [representatives of] devoluted estates from rendering an account to the Court, as stated to this Honorable Court on November 6, last, by the Consistory Allert Heymans Roose, Domine Hermanus Blom and the Consistory, Allert Heymans, must legally remove the injunction from the estates, and that, after such removal, the appearer will be aided by the Honorable Court.
Tjerck Claesen de Wit, appearing before the Honorable Court. requests that justice be done him in his case against Albert Gysbert- sen, and that therefore his appeal from the said judgment rendered November 20, last, be entered.
The Honorable Court resolves, after plaintiff requested permission to appear and had had his opponent, Albert Gysbertsen. summoned to appear before the Court, as shown by the Court Mes- senger's record, that plaintiff's request be refused, for the reasons heretofore mentioned, in that he is not willing to do the proper thing about the Court room, for which he himself voted, and that he has forbidden several parties summoned by him, to appear with him before the Honorable Court, and also because he himself has neglected the appeal.
Regarding the undated letter brought to the Honorable Court by the Court Messenger, signed by the Rev. Mr. Hermanus Blom, by the authority of the Consistory, containing a request for a copy of a previous letter sent to him and which he had returned to the Honorable Court refusing the request therein contained, the Hon- able Court deems it therefore unnecessary to return again the copy asked for by his Reverence for the purpose of renewing the request.
Evert Pels, having requested to be admitted, demands of the
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Honorable Court, after Tjerck Claesen de Wit had summoned him four times before the Court and did not himself even appear the fourth time, that costs may be awarded to him by the Honorable Court, to be paid by Tjerck Claesen de Wit, and also further makes claim for the damage done last summer by Tjerck Claesen de Wit's pigs to the corn on appearer's land.
The Honorable Court decides that the appearer shall, at its next session, present to it a written demand herein against his party, Tjerck Claesen de Wit.
Arent Teunissen asks the Honorable Court for a lot in the vil- lage of Wildwyck, as he intends to take up his abode here.
The Honorable Court will determine upon a vacant spot for him in the village of Wildwyck.
The Honorable Court agrees to the proposition made by the En- sign, Cristiaen Niessen, dated December 3, 1663, and to the resolu- tion relative thereto passed by the Council of War, concerning the setting up of new and renewing of the old palisades around the village of Wildwyck, within three days, and agrees to the same and will attend to its duty in the matter and notify the inhabitants thereof through the Village Messenger. If any damage occurs to any of the inhabitants in the meanwhile because of the erection, or if, through the Ensign and Council of War, expenses should be incurred, the Honorable Court will come to their assistance, so as to reimburse their expenses.
Ordinary Session, held Tuesday, December 18, 1663.
Present: Roelof Swartwout, Schout; Tjerck Claesen de Wit, Thomas Chambers, Gysbert van Imborch, Commissaries.
Mattheus Capito, Secretary, plaintiff, vs. Jacob Joosten, Court Messenger, defendant. Plaintiff prays the Honorable Court that, whereas, he has not as yet received from the defendant, the Court Messenger, one-half of the fees for summonses, as is the custom in New Netherland, and the defendant has refused and still refuses the same to him, the Honorable Court be pleased to act in this particular.
Defendant answers he is not willing to give the Secretary one- half of the fees for summonses.
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The Honorable Court finds in favor of plaintiff, and orders defendant to give up to the Secretary, at each session of the Court, one-half of the fees for summonses.
The foregoing having been read to the defendant, he again an- swers that he is not willing to pay the Secretary one-half of the fees for summonses.
Jan Broersen, plaintiff, vs. Ariaen Gerretsen, defendant. Plaintiff demands from defendant five and one-half schepels of wheat, due for wages for work done on the barn of the Noble Lord Director General, and says defendant set him to work. Defendant denies he set plaintiff to work.
The Honorable Court orders plaintiff to prove, at its next session, that defendant set him to work.
Albert Gerretsen, plaintiff, vs. Ariaen Gerretsen, defendant. Plaintiff says that defendant set him to work on the barn of the Noble Lord Director General and that he earned at the said work nine schepels of wheat, of which three schepels have been paid. He also demands from defendant a sack which he loaned him to receive grain in.
Defendant denies having set plaintiff to work, but promises to return the sack.
The Honorable Court orders plaintiff to prove, at its next ses- sion, that defendant set him to work.
Albert Gerretsen, plaintiff, vs. Annetje Tacks, defendant. Plaintiff demands from defendant, under a contract dated Decem- ber 16, 1662, payment of the amount of three hundred and thirty- eight guilders, heavy money, payable in grain, according to the con- tract aforesaid. Defendant admits the debt, and that she has paid on the same the value of eight schepels of wheat and five schepels of peas.
The Honorable Court orders defendant to pay plaintiff, pursu- ant to her admission and obligation.
Tjerck Claesen de Wit, plaintiff, vs. Jonas Ranstou, defendant. Plaintiff demands from defendant payment of the amount of five schepels of wheat. Defendant says he owes plaintiff four and one- half schepels of wheat, and that plaintiff has attached nineteen guilders, in seewan, with Christiaen Andriesen the soldier.
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The Honorable Court orders defendant to prove he did not re- ceive the attached nineteen guilders, in seewan, from Christiaen Andriesen.
Henderick Jochemsen, plaintiff, vs. Albert Gysbertsen, defend- ant. Absent. Default.
Henderick Jochemsen, plaintiff, vs. Aert Martensen Doorn, defendant. Plaintiff demands from defendant the amount of two hundred and ninety-nine guilders, sixteen stivers, as per obligation signed by Jacob Jansen Stol, deceased, upon which forty-six guild- ers have been paid, leaving a balance of two hundred and fifty- three guilders, sixteen stivers, to be paid in wheat, at three guild- ers per schepel.
Geertuyd Andriesen, wife of Aert Martensen Doorn, admits the debt, and promises to pay plaintiff in installments, as she is indebt- ed to others besides him.
The Honorable Court orders defendant to pay plaintiff.
Echje Gerrets, plaintiff, vs. Christiaen Niessen romp, defend- ant. Plaintiff submits proofs against defendant that her pillow is in his hands, the proofs, dated November 20, 1663, being signed by Magdalena Dirricks and Willem van Vredenborg.
Defendant says that the certificate signed by Magdalena Dir- ricks is false, and wants both certificates confirmed under oath. He further says that his wife's words, uttered while sick and delir- ious, cannot be received.
The Honorable Court orders plaintiff to produce the attestants in Court, at its next session.
Evert Pels, plaintiff, vs. Juriaen Westphael, defendant. The matters between the parties remaining unsettled, the Honorable Court notifies them that they will receive a special hearing tomor- row, and that their papers will be examined at such place as they may agree upon.
Tomas Chambers, plaintiff, vs. Roelof Swart, Cornelis Barens- sen Slecht, and Jan Jansen van Amersfort, guardians of the minor children of Mattys Jansen, deceased, defendants. Plaintiff prays that he may be legally released from the lease of the lands hired by him from the guardians, or defendants, as he cannot utilize them in these troublous times.
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Roelof Swartwout and Cornelis Barentsen Slecht request an extract of the application, as Jan Jansen Amersfort, the third guardian, is now absent, and ask time to answer.
The Honorable Court allows defendants until its next session to answer the application.
Thomas Chambers, the Commissary, Captain of the Burghery, intends, after Christmas, to organize, muster and officer the Burgh- ery, because some of the petty officers have died, and some have entered the service of the Honorable Company. He requests the determination of the Court thereon.
The Honorable Court grants the aforesaid request of the above named Captain of the Burghery.
Jacob Boerhans, Collector, will please pay to Jacob Joosten, Court Messenger, fifty guilders, in seewan, out of the excise on wines, and credit his account.
Wildwyck, this December 18, 1663.
The Reverend Consistory, in answer to the Court's note of No- vember 4, Sunday, sent to it through Juriaen Westphael, by order of the Honorable Court, replies that it is really astonished that the . Honorable Court meets on Sunday, as there are enough other day in the week, and this is the reason why the Magistrates' pew in the Church is vacant Sunday morning and afternoon, and that the Con- sistory cannot legally release the estates because they came to it ec- clesiastically (not that it was seized by the Consistory, as the Hon- orable Court dares falsely to assert in its note), and consequently it cannot, under the circumstances, release the same. (Below was written) In the name and by the authority of the Reverend Con- sistory. (Signed) Hermanus Blom. (In the margin) December 18, 1663, at Wildwyck.
Jacob Joosten, Court Messenger, gives notice of appeal in the case between him and the Secretary, Mattheus Capito, decided De- cember 18, last. Dated December 27, 1663.
Extraordinary Session, held Thursday, December 27, 1663.
Present: Marten Cregier, Captain Lieutenant, President ; Mattheus Capito, Provisional Schout; Albert Gysberts, Tjerck Clae- sen de Wit, Thomas Chambers, Gysbert van Imborch, Commissaries.
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Marten Cregier, Captain Lieutenant, in the name of the Noble Lord Director General, P. Stuyvesant, plaintiff, vs. Juriaen West- phael, defendant.
Plaintiff demands from defendant the remaining debts due to the Noble Lord Director General Petrus Stuyvesant, amounting to ten hundred and four guilders, as per account, payable in winter grain, beaver's value, upon which there have been delivered one hundred and five schepels of oats, and requests a speedy payment thereof.
Defendant admits the debt, and says he is willing to pay.
The Honorable Court orders him to pay the aforementioned amount to plaintiff.
Tjerck Claesen de Wit, plaintiff, vs. Roelof Swartwout, defend- ant. Absent. Default.
Albert Gerritsen, plaintiff, vs. Ariacn Gerretsen, defendant. Plaintiff demands from defendant the amount of six schepels of wheat for work done and earned on the house and barn of the Hon- orable Lord Director General, and produces as witness, pursuant to the order made by the Honorable Court December 18, last, Jan Broersen, who testifies he heard that Ariaen Gerritsen contracted with plaintiff for said work by the day, and that he promised plain- tiff to pay him therefor.
Defendant admits he set him to work, and says he is willing to pay him if the Honorable Lord Director General will approve of it, as the repairs were made on his Honor's house.
The Honorable Court orders defendant to pay plaintiff the demanded six schepels of wheat, and that defendant recover from the lessor because the work was done on his house.
Mattheus Capito, Provisional Schout, vs. Juriaen Westphael, defendant. The Provisional Schout submits his demand in writing. It reads as follows :
Whereas defendant, Juriaen Westphael, on October 9, last, substituted himself for the below mentioned persons, his workmen, who violated the ordinance proclaimed and published on August 4, last, providing that no one, without permission and a proper con- voy, should venture out to mow, cart, or do any other work, and were detected by the former Schout, Roelof Swartwout, my prede- cessor :
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1
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1663]
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Antoni Crupel,
for twice,
75 fl. 75 fl.
Henderick Hendericksen,
having twice,
Jan Gerretsen,
violated
twice,
and having been
75 fl.
Jacob Stoutenborch,
the once,
25 fl.
Jan Broersen,
aforesaid
twice,
fined
75 fl.
Jacob Barents Cool,
ordin-
once,
25 fl.
Jan Jansen van Oosterhout,
ance
twice,
75 fl.
Amounting to a total of. 425 fl.
say four hundred and twenty-five guilders, which the defendant was condemned to pay, and the defendant, on October 30, last, ap- peared before the Honorable Court, for the second time, for said persons, and was again ordered to pay the full amount of the fine, whereupon he gave notice of appeal;
The defendant is therefore asked by the Provisional Schout to show the Court forthwith what he has accomplished in his appeal to the High Court at the Manhatans, the appeal not having been re- ceived there. The Provisional Schout, plaintiff, concludes that the defendant, Juriaen Westphael, should be ordered to pay the afore- said demands and fines, with costs, and that execution thereon issue.
Defendant hereupon says he can not answer, as the promises made to him in regard to harvesting his corn were not fulfilled, and says he has done nothing in the appeal.
The Honorable Court orders defendant to pay the above named fines, unless he agrees with the Schout upon a settlement.
Mattheus Capito, Provisional Schout, vs. Aert Jacobsen, de- fendant. The Provisional Schout submits a written demand which reads as follows :
Whereas, the defendant, Aert Jacobson, appeared on October 9, last, before the Honorable Court, with his son Gerret, his daugh- ter, and his servant, Andries, he having with them violated the ordinance proclaimed and published on August 4, last, providing that no one should venture out to mow, cart, or do any other work, without permission and a proper convoy, and, through the Schout, Roelof Swartwout, my predecesor, fines were imposed on
The defendant, of 75 fl.
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His son Gerret,
" 75 fl.
His daughter, " 25 fl.
His servant Andries, " 25 fl.
amounting to a total of 200 fl., say two hundred guilders, which amount defendant was ordered to pay the aforesaid plaintiff, and the defendant having appeared for the second time before the Court on October 30, last, for himself and the aforenamed persons, regarding the aforesaid fines, gave notice of appeal; the defendant is therefore asked by the Provisional Schout, the plaintiff, to show forthwith what he has done in his appeal before the High Court at the Manhatans, the appeal not having been received there. The Provisional Schout, the plaintiff, concludes that the defendant, Aert Jacobson, should be condemned to pay the foregoing demands and fines, with costs, and that execution issue thereon.
Defendant answers that he did not prosecute the appeal.
The Honorable Court orders defendant to pay the above men- tioned fines, unless he agrees with the Schout upon a settlement.
Evert Pels, plaintiff vs. Juriaen Westphael, defendant. Plain- tiff demands from defendant the sum of three hundred and seven- teen guilders, five stivers, and submits in proof several documents, and requests payment thereof with costs. Defendant requests that the documents be examined.
The Honorable Court decides that the papers and documents of both parties shall be examined, in the presence of the Provi- sional Schout, Mattheus Capito, by two members of the Court, Thomas Chambers and Gysbert van Imborch, who are authorized to make such examination, and, if possible, to settle the matter, and, , if they can not do so, to report in writing at the next Court.
Jan Broersen, plaintiff, vs. Ariaen Gerretsen, defendant. Plain -. tiff demands from defendant five and one-half schepels of wheat, for wages in helping to carry and carrying, and in other work done on the house of the Honorable Director General. Defendant says he paid plaintiff fourteen schepels of oats as wages.
The Honorable Court orders the parties to settle and liquidate their accounts between themselves, and one to pay what may be due the other.
Roelof Swartwout, retiring Schout, requests that, as Juriaen Westphael and Aert Jacobson, pursuant to the judgment rendered
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for violating the ordinance of August 4, last, have not paid their fines, he, Swartwout, the appearer, may be permitted to himself exact said fines, and, in case no amicable settlement is made there- of, that compulsion may follow.
The Honorable Court decides that whereas, the Provisional Schout, Mattheus Capito, has summoned the unwilling persons, Juriaen Westphael and Aert Jacobson, to appear before it regard- ing said fines, as to which the Court has rendered judgment, the retiring Schout, Swartwout, and the incoming Provisional Schout, Capito, may divide said fines between themselves, or so much thereof as may be received under an amicable adjustment.
Allert Heymans appears before the Honorable Court, and re- quests that the minister, Hermanus Blom, be paid his salary, be- cause, he says, the Consistory has made default thereon. He also shows the contract made between the minister and some of his con- gregation, dated March 4, 1661.
The Honorable Court decides that the contract, dated March 4, 1661, between the minister and some of his congregation, was en- tered into for the period of a single current year. For the re- maining years still to come the congregation shall agree with the minister about his salary, to be on a reasonable basis, and they shall meet at the minister's convenience.
Albert Gerritsen shows the Court an extract from the minutes of December 18, 1663, against Annetje Tack, in reference to a sum of three hundred and eighteen guilders, heavy money. He has had three summonses served for the payment of said allowed claim, and requests that execution may issue for the same.
The Honorable Court orders the Provisional Schout, Mattheus Capito, to issue such execution.
Extraordinary Session, Saturday, December 29, 1663.
Present: Marten Cregier, Captain Lieutenant, President ; Mattheus Capito, Provisional Schout; Albert Gysbertsen, Thomas Chambers, Gysbert van Imborch, Commissaries.
Tjerck Claesen de Wit, plaintiff, vs. Roelof Swartwout, de- fendant. Plaintiff submits to the Honorable Court a petition in which he requests that defendant restore to him a horse which he
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bought from, and for which he paid, defendant who removed it from the stable without plaintiff's knowledge. Plaintiff further submits a receipted account.
Defendant admits he verbally sold a horse to plaintiff, to be delivered and paid for within six weeks, the said horse to be at defendant's risk, and that, after the lapse of six weeks, plaintiff made no payment to defendant. Defendant also demands copy of the account submitted.
The Honorable Court orders plaintiff to furnish defendant with a copy of the account, and' at the same time to adjust the same in the presence of the Provisional Schout, Capito, if possible, and, if not, to bring their case before the Honorable Court again at its next session, as usual.
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