USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 13
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The Honorable Court orders parties to liquidate their claims, or, otherwise, that defendant shall submit his counter claim to the Court at its next session.
Gysbert van Imborch, plaintiff, vs. Tjerck Claesen de Wit, de- fendant. Plaintiff demands the sum of one hundred and twenty- four guilders, nineteen stivers, in seewan, from defendant, as per account rendered, and also a quantity of eight schepels of wheat, for account of plaintiff's wife, for merchandise delivered. De- fendant admits the debt, but also says that, during the war with the savages, he drove the savages from plaintiff's house.
The Honorable Court orders defendant to pay the aforesaid claim of plaintiff.
Gysbert van Imborch, plaintiff, vs. Annetje Tacks, defend- ant. Plaintiff demands from defendant payment of two hun- dred and thirty-four guilders, eight stivers, in beavers, as per ac- count rendered, allowed by the Schepens under date of Decem- ber 21, 1662, among which are included twenty-six guilders, eight stivers, in beavers, for interest on two hundred and sixty-four
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guilders, in beavers, and requests that the horse called "Blackie" [het Swartje] be sold, at her expense, under execution.
Defendant admits the debt, but says she is not able at pres- ent to pay plaintiff, as she already lacks bread, pork, meat, etc., in her household, and, further, that most of her crops were left on the field last harvest because of the war.
The Honorable Court, having requested defendant to furnish security, which she knows not where to obtain, and plaintiff not be- ing willing to give her an extension, orders defendant to pay plain- tiff's aforesaid demand.
Christiaen Niessen, substituted for the Honorable Lord Direc- tor General, Petrus Stuyvesant, plaintiff, vs. Ariaen Gerretsen. defendant. Plaintiff demands from defendant, according to obli- gation issued by him, due March next, payment of sixty schepels of wheat, of which thirty-four have been paid, leaving a balance of twenty-six schepels of wheat. Defendant admits the debt, and promises to pay plaintiff at the specified date.
Paulus Cornelisen, plaintiff, vs. Annetje Tacks, defendant. Plaintiff presents an account against defendant, amounting to two hundred and forty-one guilders, ten stivers, in seewan, and eight beavers, for money advanced and provisions sold and furnished to her last harvest. Defendant admits the debt.
The Honorable Court orders defendant to pay plaintiff the aforesaid amount.
Mattheus Capito, Provisional Schout, in the name of the cura- tors of the estate of Jan Albertsen van Steenwyck, plaintiff vs. Tjerck Claesen deWit, defendant. Plaintiff demands from de- fendant security, as ordered by the Honorable Court, January 29, last, for goods bought from the estate of Jan Albertsen van Steen- wyck, deceased, to the amount of eight hundred and fifty-two guilders, eleven stivers, light money, and requests that defendant be compelled to furnish the same.
Evert Pels, the curator, and Henderick Jochemsen, the guard- ian, also hereby request the Court to be discharged from their curatorship and guardianship, as they cannot agree with defendant who is a joint guardian. They further request, in case they be not discharged, that the Honorable Court please sustain them.
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Defendant says he has not been unreasonable about furnishing security, and that last week, he, with the plaintiff and the curator, Evert Pels, called at the house of the guardian, Henderick Jochem- sen, and this matter was not then arranged.
The Honorable Court decides that defendant, on his own ao- count as well as of those for whom he became bondsman, shall fur- nish security for the full amount, satisfactory to the curator, Evert Pels, and the guardian, Henderick Jochemsen, and further orders the curator, Evert Pels, and the guardian, Henderick Joc- hemsen, to look more closely after the estate of Jan Albertsen van Steenwyck, so that no one shall be deprived of his rights.
The Same, plaintiff, vs. Ariaen Gerretsen, defendant. Plain- tiff demands the sum of fifty guilders, light money, from defend- ant, for goods bought from the estate of Jan Albertsen van Steen- wyck, and requests execution on non payment. Defendant admits the debt.
The Honorable Court orders defendant to satisfy plaintiff with- in twice twenty-four hours, and, in case of default, that execution against his property shall issue.
The Same, plaintiff, in the name of Hermanus Blom, minister, vs. Pieter Jacobsen, defendant. Plaintiff demands the sum of ten guilders, heavy money, from defendant, being the balance of the minister's salary during the year 1662. Defendant admits the debt, and promises to pay this week.
The Same, plaintiff, vs. Paulus Cornelisen, defendant. Plain- tiff demands a fine from defendant, pursuant to previous summons. Defendant denies he fought with Thomas Chambers. Plaintiff adduces in evidence the acknowledgement of Thomas Chambers, and demands judgment thereon.
The Honorable Court orders plaintiff to submit proof.
Request of Hermanus Blom, minister.
I, the undersigned, once more and for the last time, request of the Honorable Court here (as I have even several times before this verbally requested at its sessions, yea, even the other day, through my Elder) to know, in writing, whether or not it in- tends to collect and pay me my salary, earned for religious duties
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performed by me in this place for the congregaton; if yea, that it is already high time, and if not, that the Honorable Court be pleas- ed to give me an apostile, so that, in due time, I may acquaint the Supreme Magistrates with it, and complain to them that the Hon- orable Court here does not, as in duty bound, follow the orders, re- ceived from the Supreme Magistrates, to collect my earned salary, and that it does not, through its political power, legally attend to and press the matter, and has not done so to date. The Lord Coun- cillors may thereby then see that the fault lies not alone with the congregation, but more so with the Court here. The Lord Council- lors will then well be able to judge how it comes that my salary has not been collected and paid to me, much less that it is not legally enforced and insisted upon. To which request, I, the undersigned, shall expect from the Honorable Court a written answer, to use at the proper time before the Lord Councillors. Which complaint tc the Supreme Magistrates, the Honorable Court can still prevent. I leave it to the judgment of the Honorable Court here itself wheth- er it is not a sad and grievous thing that a minister of the Word of God is, as here, compelled, with such trouble and pains, to seek for, and request of and through the Court, his long since earned salary, the which has never been seen or heard of anywhere in Christen- dom.
February 26, 1664, at Wildwyck.
(Signed) Hermanus Blom.
Apostile on the above request: The Honorable Court will dc its duty, as far as possible, to compel those reluctant, and those who, following their voluntary promise, are behind in their pay- ment of the salary. Done at Wildwyck, this February 26, 1664.
Pursuant to the foregoing order, the Court Messenger is direc- ted and ordered to remind the inhabitants of this place of the ar- rearage of the ministers salary, and also to admonish them, under pain of execution, to carry out their promises to pay the minister's salary for the year 1663. Wildwyck, this February 26, 1664.
Extraordinary Session, held Saturday, March 1, 1664.
Present: Mattheus Capito, Provisional Schout; Albert Gys- bertsen, Tjerck Claesen de Wit, Thomas Chambers, Gysbert van Im- borch, Commissaries.
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The Honorable Court having seen and read the signed request of the Council of War, dated February 29, last, answers, first, that the severity of the winter season does not permit any digging of the ground to fill in vacant spaces with palisades, though the palis- ades obtained for this purpose lie here ready, and that the Honor- able Court will do its duty by admonishing those on whose side the open spaces will have to be filled in, and also by taking care to have the gates properly closed. To the second request, concerning the issuance of orders to keep the inhabitants under arms, and to fur- nish a guard for the one post near Hendcrick Jochemsen's gate, the Honorable Court requests and orders the Captain of the Burg- hery, Thomas Chambers, to call the citizens to arms, and at the same time to properly man the one post aforesaid, with as little trouble as possible, and as he and his burgher Council of War shall think proper. Thus done in our extraordinary session at Wild- wyck, this March 1, 1664.
The mark (x) of ALBERT GYSBERTSEN, TIERCK CLASZEN DE WITT, GYSBERT VAN IMBROCH.
Mr. Gysbert van Imborch has caused to be legally attached the wheat of Gerret Fooken, so that it may not be alienated until he shall have been paid, and gives notice of said attachment, this March 1, 1664.
Henderick Jochemsen has caused to be legally attached five schepels of wheat, in the hands of Pieter Cornelissen Molenaer [Miller], belonging to Abraham Stevensen, alias Crawaet, and gives notice of said attachment, this March 1, 1664.
The Honorable Court allows the validity of said attach- ment, this March 11, 1664.
Ordinary Session, Tuesday, March 11, 1664.
Present: Mattheus Capito, Provisional Schout; Albert Gys- bertsen, Tjerck Claesen, Thomas Chambers, Gysbert van Imborch, Commissaries.
Jan Willemsen Hoochteyling, deacon, presented to the Honor- able Court here an account showing that of the Church money one hundred and fifty-five guilders, three stivers, seewan, and from
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the poor money, three hundred and fifty-nine guilders, in seewan, amounting together to five hundred and fourteen guilders, three stivers, seewan, have been expended for building the parsonage here, and thereupon asks where he can obtain payment thereof.
The Honorable Court decides that, as there is no money in the treasury, and the Commissaries have no authority to provide the means, the deacon be requested to give an extension until the arri- val of the Honorable Lord Director General, for the purpose of then seeing by what means the above amount may be paid.
Mattheus Capito, Provisional Schout, plaintiff, vs. Evert Pels, defendant. Plaintiff demands the sum of twenty guilders, four stivers, in sewant, dne for scriverner's wage from defendant for account of Juriaen Westphael, and says that defendant engaged him.
Defendant says that Juriaen Westphael must pay the expen- ses.
The Honorable Court orders defendant to pay the aforesaid demand to plaintiff, and that he may bring suit against Juriaen Westphael.
Evert Pels, plaintiff, vs. Juriaen Westphael, defendant. Plaintiff demands from defendant, as per signed obligation dated December 28, 1663, the amount of two hundred and sixty-two guilders, five stivers, heavy money, and also twenty guilders, four stivers, in seewan, for scrivener's wage, and two guilders, eight stivers, in seewan, for the Court Messenger. Defendant says he has nothing to say against the demand. .
The Honorable Court orders defendant to pay plaintiff the aforementioned demand, after the attachment in behalf of the. Lord Director General by Christiaen Niessen shall have been satisfied, said attachment having taken place on his Honor's own land.
Evert Pels, plaintiff, vs. Aert Martensen Doorn, defendant. Absent. Default.
Tjerck Claesen deWit, plaintiff, vs. Evert Pels, defendant. Plaintiff demands from defendant two fimmen [or vimmen, plural of vim, the equivalent of a stack of 104 to 108 sheaves] of oats which he loaned him last winter. Defendant answers that he ploughed three days for plaintiff, who replies that de- fendant ploughed two and one-half days for him, and produces Ju-
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riaen Westphael who says that defendant on the first day worked about eight or nine hours in the field, and as to the other two days he can not say anything. Plaintiff further says that he again ploughed one and one-half days for defendant, but defendant says he ploughed one day.
The Honorable Court orders parties to adjust their dispute before two good men, or, otherwise, to again appear before the Court with their proofs and accounts.
Andries Pietersen van Leeuven, plaintiff, vs. Cornelis Barent- sen Slecht, defendant. Absent. Default.
Andries Pietersen, soldier, plaintiff, vs. Aert Martensen Doorn, defendant. Absent. Default.
Gysbert van Imborch, plaintiff, vs. Thomas Harmensen, de- fendant. Plaintiff demands from defendant four schepels of wheat, and to secure payment has laid an attachment therefor with Aert Martensen Doorn. Defendant admits owing him as aforesaid, and asks that the same be deducted from his wages for harvesting, and also presents divers accounts of eleven schepels of wheat and two schepels of peas, being wages for harvesting, six schepels of wheat and five schepels of wheat for guarding the shop of Annetje Tacks, and two schepels of peas for threshing. He also says that plain- tiff, through the Schout, forbade him to thresh, whereupon he ceased, and thereupon on the following day plaintiff said, "Why don't you keep on threshing?"; that then he continued threshing and delivered the grain to plaintiff's loft. Further, that plaintiff promised him board, with others, in case Annetje Tacks refused him board. Plaintiff denies he forbade defendant to thresh, but had him forbidden to furnish grain to any one else than himself; whereupon the defendant answered that Annetje Tacks would not board him; thereupon plaintiff said that if she would not do so, he would.
The Honorable Court, having heard parties, finds, conform- ably to the judgment for plaintiff rendered October 23, 1663, that Annetje Tacks should neither use, decrease nor alienate any of the grain, without the knowledge and consent of plaintiff aforesaid, and that plaintiff must deliver to defendant six schepels of wheat for wages earned during harvest, and two schepels of peas for wages for threshing, and that he may deduct from defendant the
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four schepels of wheat, and that defendant may claim the remain- ing five schepels of wheat from Annetje Tacks.
Gysbert van Imborch, plaintiff, vs. Gerret Fooken, defendant. Plaintiff demands from defendant a quantity of thirty three and one-half schepels of wheat due him from defendant and his partner Jan Gerretsen, in which sum are included six schepels of wheat for shaving and doctor's bill for Jan Gerrets, for a whole year. IIe also demands from defendant himself two schepels of wheat for doctor's fee during his sickness after said time.
Defendant submits a receipt showing that he paid plaintiff six- teen and one-half schepels of wheat, and further says that he can not pay for his partner who was killed by the savages during the late troubles. He also claims damages from plaintiff for his outlays for wages and board, caused by plaintiff attaching his grain on March 1, so that he could not properly thresh it.
The Court, having heard the respective parties, decides that defendant shall, in accordance with the foregoing demand, pay plaintiff the just half of the goods received, and in addition the two schepels of wheat for doctor's fee for himself during his sickness, and that defendant has no claim against plaintiff for preventing him threshing, as he only attached the grain so that it could not be alienated.
Paulus Cornelisen demands from the Honorable Court the sum of one hundred and eight guilders in seewan, for bricks furnished for the parsonage. The Honorable Court answers that, as the books of the retired Commissaries have not yet been written up, it there- fore does not know how much money there is in the treasury.
Paulus Cornelissen requests execution against Annetje Tacks under the judgment entered February 24, 1664, served by the Court Messenger after citation, summons and renewal. The Doorkeeper is directed to proceed with the execution.
The mark (x)of ALBERT GYSBERTSEN, THOMAS CHAMBERS, TIERCK CLASZEN DE WITT, GYSBERT VAN IMBROCH.
Mattheus Capito, Provisional Schout, plaintiff, vs. Paulus Cor- nelissen, defendant. The Provisional Schout, Mattheus Capito, plaintiff, pursuant to the order of the Court that he submit proof,
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submits, in addition to the previous admission of Thomas Chambers, a certificate signed by Sergeant Jan Peersen, reciting how the mat- ter occurred and that the defendant came to blows with Thomas Chambers. Defendant answers that he does not know anything about it, and that he was drunk.
The Honorable Court orders defendant to settle with plaintiff, otherwise judgment will be rendered by the Court.
Mattheus Capito, Provisional Schout, again requests of the Honorable Court that, to enable him to be released by the curator Evert Pels and the guardian Henderick Jochemsen with respect to the auction sale, Tjerck Claesen de Wit, as ordered February 26, last, be compelled, on his own account as well as for those for whom he became surety and guardian, to give security for the goods purchased and received by him from the estate of Jan Al- bertsen van Steenwyck.
The curator Evert Pels and the guardian Henderick Jochem- sen also request, in addition, that Tjerck Claesen deWit, joint guardian, give security for the entire amount, on his own account as well as for those for whom he has become surety.
The joint guardian, Tjerck Claesen de Wit, says that he is ready to give security for the goods received and purchased by him, and that the account presented by him should be accepted in reduction, but that he will not give bond for his brother Jan Claesen and his sister Amarens Claesen, as he is already bound. He adds that he was twice at Henderick Jochemsen's house to give security.
The plaintiff, and the curator, Evert Pels, say that it is true that they were at the aforesaid house with the joint guardian Tjerck Claesen de Wit, but that Tjerck Claesen still did not produce any sureties.
The Honorable Court having learned that the curator Evert Pels and the guardian Henderick Jochemsen, without its knowledge, extended to May 1, of the current year, the time of Amarens Clae- sen to pay for the goods purchased from the aforesaid estate, and that they were also herein contented with the security given by her brother, Tjerck Claesen, who signed as principal bondsman, where- by the Honorable Court has been slighted with regard to its prev- ious judgment rendered February 26, last, it is therefore hereby ordered that Tjerck Claesen de Wit, within twice twenty-four hours,
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give security on his own account for the goods purchased and re- ceived by him from the aforesaid estate, to be satisfactory to the curator, Evert Pels, and the guardian, Henderick Jochemsen.
To the account presented by the Rev. Mr. Hermannus Blom, signed by Commissaries Evert Pels, Tjerck Claesen deWit, and Al- bert Gysbertsen, for moneys expended by his Reverence for mate- rials and wages for the parsonage here, the Honorable Court an-
swers: As there is no money in the treasury, his Reverence is therefore asked to wait until the arrival of the Honorable Lord Di- rector General, for the purpose of then devising with his Honor the means whereby the said account may be paid.
Mr. Gysbert van Imborch requests execution against Annetje Tacks, under the judgment rendered February 26, last, after service by the Court Messenger of citation, summons and renewal.
The Doorkeeper is directed to proceed with the execution. The mark (x) of ALBERT GYSBERTSEN, TIERCK CLASZEN DE WITT, THOMAS CHAMBERS.
Mr. Gysbert van Imborch, Commissary, asks the Court whether Gerret Fooken may dispose of the estate of his deceased partner, Jan Gerretsen, being the crops of the year 1663.
Mr. Gysbert van Imborch gives notice that he will appeal from the judgment rendered against Gerret Fooken March 11. Done at Wildwyck, this March 12, 1664.
Deed by Jan Broersen and Jan Jansen van Oosterhout to Thomas Chambers.
On March 21, of the year 1663, appeared before me, Mattheus Capito, Secretary of the village of Wildwyck, Jan Broersen and Jan Jansen van Oosterhout, who declare that they have deeded, ceded and conveyed, as they hereby deed, cede and convey, to Thomas Chambers, a parcel of land situate on the Esopus, below the village of Wildwyck, five morgens [ about two acres each], two hundred and thirty rods, in extent, bounded on the north by the land of the chil- dren of Mattys Jansen, deceased, and on the south by the land of Mattheus Capito; all as given and granted to the aforesaid grantors by letters patent thereof dated April 25, 1663, and signed by the Director General and Council of New Netherland, to which aforesaid parcel of land, the said Jan Broersen and Jan Jansen van Ooster-
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hout have not reserved to themselves any other right of action or claim, but have absolutely renounced and ceded the same for the use of the above named Thomas Chambers, agreeing that the aforesaid parcel of land shall be received by him, and that he may make the same use thereof as of all his other patrimonial possessions, save the Lord's right, in conformity with what is mentioned in the afore- said letters patent; the aforesaid grantors, Jan Broersen and Jan Jansen van Oosterhout, promising never to revoke this deed and conveyance, nor in any manner, by themselves or anyone else, to do or cause to be done any act in derogation of the same, submitting their persons and estates, real and personal, present and future, nothing excepted, to the jurisdiction of all courts and judges. And these grantors, have personally signed hereunder in the presence of Albert Gysbertsen and Tjerck Claesen de Wit, Commissaries of this village, witnesses hereto invited and requested.
Done at Wildwyck the day and year aforesaid.
The mark (x) of JAN BROERSEN, made by himself, JAN JANSEN, The mark (x) of ALBERT GYSBERTSEN, made by himself, TIERCK CLASZEN DEWITT. In my presence. To which I certify. MATTHEUS CAPITO, Secretary.
Letter to the Lord Director General and Lord Councillors of New Netherland.
Honorable Very Worthy Sirs:
As it is customary among well regulated governments to change magistrates every year, and the annual change of magistrates of this village occurs in the month of May, the Provisional Schout and the Commissaries of the village of Wildwyck have therefore noted the most honorable, suitable and able persons among the inhabi- tants of this village, and have made up a nomination, so that your Honorable Worships may select two out of the four mentioned be- low.
The nominated persons are the following: Jan Willemsen Hoochteylingh, Cornelis Barentsen Slecht, Aert Jacobsen, Hender- ick Jochemsen.
.
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Concluding herewith, we commend your Very Honorable Wor- ships, with our greetings, to God's protection, and remain Your Very Honorable Worships' Humble Servants,
(Signed) Mattheus Capito, the mark (x) of Albert Gysbert- sen, Tjerck Claesen de Wit, Thomas Chambers, Gysbert Van Im- borch.
Done at Wildwyck, this March 27, 1664.
On March 28 Jan Evertsen gives notice of an attachment by the Court Messenger at Aert Jacobsen's, having attached two brandy kettles belonging to Hester Douwesen, widow of Barent Gerretsen.
On March 29, Jan Pietersen Muller, under power from Wou- ter Albertsen Backer, at Fort Orange, gives notice of an attachment by the Court Messenger at Aert Jacobsen's, having attached five schepels of wheat of the wheat from the sale of the cows of Evert Prys.
We, the undersigned, Albert Gysbertsen and Gysbert van Im- borch, Commissaries of the village of Wildwyck, make known that there appeared before us Pieter Jacobsen van Holsteyn and Pieter Cornelisen, both partners, and inhabitants in the village of Wild- wyck. who acknowledge that they really and truly owe to the wor- thy Nicolaes Meyer, merchant at the Manhatans, the amount of six- ty-one schepels of good winter wheat, with four years' interest thereon, being ten per cent. annually, due in the month of Novem- ber of this current year, on their promise to pay said sixty-one schepels of wheat, with four years' interest, in the month of Novem- ber next, and to deliver the same to the aforesaid Nicolaes Meyer, at the Manhatans, free of expense and damage, and to have the same measured by the sworn City Measurer. And to carry out these presents, the appearers obligate themselves, and specially mort- gage their mill, situated at Wildwyck, and they also, in general, submit their persons and goods, real and personal, present and future, nothing excepted, to the jurisdiction of all courts and judges. And the appearers, with us, have personally subscribed these presents.
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Done at Wildwyck, this March 31, 1664.
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